Legal Question in Elder Law in New Jersey

NJ Law: How can you compel 85 year old husband who controls all assets to pay for nursing home care of seriously ill wife who has no access to funds? Son is POA but Dad says he won't pay. Father 85, Mother 81, own house, stock, good pension, SS, savings. Both "competent". Mother was seriously neglected at home for years, nearly died of neglect under husband's "care" & now needs full time nursing home care--she's called a "two-assist" re: getting out of bed to wheelchair, etc. Husband says her care is too expensive and he'll take care of her at home...which is not possible because he is both unable, and unwilling, to get her out of bed alone (again, she is a 2-assist) Hiring a home health aide full-time, with nurse to give her diabetic insulin needles, would be MORE expensive than the nursing home where she's staying. Don't know if husband is open to Medicaid planning-he's a stubborn 85 year old man who has developed his own social life during wife's illness and rarely sees her at hospital or nursing home.


Asked on 7/03/10, 8:56 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Thus is the typoe of case that should be referred to an Elder Law attorney. The attorney should be able to guide you through a guardianship petition where you can file suit on your mother's behalf to obtain assests to assit her in her nursing needs. Best wishes.

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Answered on 7/04/10, 4:23 am


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