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Eventually, he’s going to need be moved out of that facility. The doctor said he needed to be in an all men facility, but there’s not one around here. I want to give them his Social Security check, which will cover his expenses there, and let them be responsible if something happens and they have to move him. There are four of them. They don’t seem to understand what’s going on with his mind mentally. I will keep insurance on him through his job and I could pay all the co-pays for his medical. If they just take care of the facility side of things if he requires a transfer and make the plans using that money to move him. I get a retirement check from his job, but they don’t need it. They have plenty with the Social Security. Would I still be responsible for him if he moved to a new facility and it was more money?

As Alva says you need an Elder Lawyer. You need to protect your half of the assets, if there is a chance of him needing Medicaid in the future. When Medicaid is involved you can remain in the home, have a car and get enough of your monthly income to live on. What you don't need to live on goes towards his care. When a spouse is involved, its not so cut and dry. You need to make sure no mistakes are made now that will effect Medicaid in the future.

You cannot give POA to the kids. Your husband has to have yours revoked and assign his kids. If he is incompetent, he can't do it. They would need to get guardianship.
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Reply to JoAnn29
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I'm surprised that his SS check is enough to cover his assisted living facility. Are his kids willing to take over his care?

Best of luck.
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Reply to againx100
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These are legal questions involving your joint assets, which is always rather complicated.
I would see an elder law attorney. Take all information regarding assets and how they are held with you to your appointment. Also be honest with this attorney as to your feeling that the children seem to have little understanding of all this; it may be wiser to hire a Licensed Fiduciary to handle things. They are specially trained and knowledgeable. Elder Law Attorneys are often familiar with the best of them in your area, as they typically work with them in the court system when they do work with elders and disabled who have no family to function for them.

Best of luck to you.
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