Legal Question in Elder Law in Wisconsin

Yes, any time the government pays a large medical claim or long term care expense on your part, that payment becomes a loan which you owe back to them. The law grants them a lien against all of your assets, including real estate and bank accounts, to make it easier for them to get their money back. Unless someone else's name is on the account, there potential ownership interest normally will not be respected. While you are alive, certain small exemptions from such Medicaid estate reimbursement collections might apply, but those end whenever you die, or can no longer live in a home. There are also some small spousal exemptions. Talk to an experienced elder law attorney before you make any plans to prevent this, since you can make yourself ineligible for Medicaid if you give any assets away during the 6-10 years before you first file a Medicaid application, and putting his name back on these accounts could be considered a gift unless done properly. These are known as "penalty periods" which make you ineligible for whatever period of care the gifts could have paid for.

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