Legal Question in Real Estate Law in Wisconsin

While your partner remains legally responsible even after entering a dementia care unit in the future, you need to be realistic about his ability to pay once he is totally disabled or institutionalized, since the monthly cost of long term care will far exceed his disability income (unless he is independently wealthy). Medicaid will also immediately file a recovery lien against your property is he remains on the title at that time, effectively confiscating his 1/2 of the equity in the home. Any solution to this problem will therefore need to occur before he is too far gone to make decisions and sign documents, etc. However, it can also be negotiated between you and his POA, so long as no formal guardianship is in place. Time is not on your side, so you should urgently set up an appointment with an estate planning attorney who is familiar with Medicaid divestment issues, as well as with normal real estate transnational work. Unless this is done correctly, any attempting transaction now could also effect his eligibility for government assistance later for a potentially long period of time known as a "penalty period."

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