Legal Question in Elder Law in Massachusetts

Re: elder care and estate

Your joint assets will be subject to lien, if he is receiving medicaid.

If he is being placed in a nursing home and you are divorcing him, there will be a great many issues raised as to the reason for the divorce. Your husband if he is not able to handle his own affairs, will need to have someone act on his behalf and it cannot be you. So it is likely a Guardian at litem will be appointed to represent him.

If the reason for the divorce is to protect assets from Medicaid claims, it may be challenged as a sham. However, if there is a real reason other than your husband needs to go into a nursing home, then as long as the separation agreement divides the assets equitably, that should not happen.

Good Luck