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Medicaid Divorce and a Guardian Ad Litem, What You Need to Know

Feb 6, 2017 @ 01:00 PM — by Michael Green

Medicaid Divorce and a Guardian Ad Litem, What You Need to Know

Unfortunately, in today's world, too often, the elderly are faced with the stark reality, that all of their assets may be taken by the stay of a loved one in a facility if they have Alzheimer's or dementia or a long term illness.  Practically all of your assets as a married couple have to be paid to the facility before that party will become Medicaid eligible.  For those that have not planned for such an event, and have taken into account the five year look back period that Medicaid uses regarding any transfer of assets, there is another solution.  

Granted it is a difficult one to come to face, but a Medicaid Divorce is perhaps your only solution to preserving what a married couple has built up over the years in assets for the party that will be left behind and will have to survive without the other party.  Call us at Green & Associates to help with your Medicaid Divorce at 732-390-0480 or 201-242-1119 and our NJ divorce lawyer will help you now!

A Medicaid Divorce is where one party files for divorce against the party in the institution in order to preserve at least half of the parties' assets through equitable distribution.  Through a Medicaid Divorce, a party may request that they keep half of the parties' assets and any premarital or non-marital assets after the divorce.  Thereby preserving the assets for the Husband or Wife that will be left behind by the ill party.  

At Green & Associates, we have the experience in Medicaid Divorces to help you through what is a very difficult time.

Often a Guardian Ad Litem must be appointed by the Court on behalf of the party that is hospitalized or in a facilty.  The Guardian Ad Litem will visit with that party to confirm that they are in fact incompetent or unable to carry out their affairs on their own.  The Guardian Ad Litem will then make sure that the proposed settlement terms for the Medicaid Divorce are fair and equitable. 

After the divorce, the party in the institution will qualify for Medicaid to cover all of their medical insurance needs in the facility.  

It is a difficult choice for many, but one that will allow the Husband or Wife outside the facility to continue with their life using much of the parties' property and assets that took a lifetime to acquire.  Call us now so we can answer your questions regarding your use of a Medicaid Divorce in your case at 732-390-0480 or 201-242-1119 in our East Brunswick or Fort Lee offices.  We offer free consultations and night and weekend appointments.

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