Can the nursing home take 95% of my husband’s income?

Q: My husband was recently placed in a nursing home, and now they are taking 95% of his retirement is this legal. As his spouse what is my recourse, since I still need to live in the home and cannot maintain it on my income alone. (Jefferson Hills, PA)

A: From your question, I am uncertain if your husband’s income is going to Medicaid pursuant to a standard Medicaid formula as to how much the institutional spouse receives and how much the community spouse (you) receives. 95% seems high to me. If this is the nursing home that is intercepting his money and it is not going to Medicaid, then I think you should consult with an elder lawyer or estate lawyer versed in Medicaid law to review your marital income to determine how this is happening and other options you may have including an application to Medicaid.


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