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Medicaid in Oregon requires a married couple apply for long-term care Medicaid even only one is seeking benefits. Assets are viewed collectively – no matter which spouse’s name the asset is held individually or jointly.
There are times when a person must reach (or attempt to reach) his or her spouse even if they have not been in contact with one another for several years. Marriage creates legal ties and benefits, even if separated. An agreement under a prenuptial or postnuptial contract does not negate these legal ties. A person is required to pursue potentially available assets (see pursuit article) including what their spouse holds or may hold.
There is an exception to the rule of pursuit of a spouse’s assets when an applicant will be put at current or future risk of domestic violence. Domestic violence is defined as the attempt to cause, or intentionally and knowingly causing physical, emotional, mental, or verbal abuse; placing one in fear of imminent serious physical injury; committing sexual abuse in any degree (further defined); and/or coercive or controlling behavior.
If you are in need of long-term care and are facing any of the above situations you may be eligible for Medicaid without seeking out the resources of your spouse. Please do not put yourself in harm's way and seek help as soon as possible. It is best to not use shared devices. to apply or contact supports. Including DHS or your attorney.
This article is for informational purposes only and does not constitute legal advice, nor does it establish an attorney-client relationship. For a consultation with an attorney at NW Estate Law, LLC, please visit NWEstateLaw.com, call (503) 543-1121, or email Cody@NWEstateLaw.com to schedule a meeting with Meredith Williamson about your specific case.