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Understanding the Concept of 'Spousal Refusal' in Nursing Home Planning

Attorney Tom Olsen is host of the Olsen on Law Radio Show on in Orlando. Tom has been answering legal questions on his radio show for over 35 years and has been practicing law in Orlando for 40 years. The Olsen on Law Radio Show is America’s longest running legal radio show. Produced by Professional Media Ideas. Call or text Chrissy Merrill at 321-207-8384 or by email at chris@olsenlawgroup.com Spousal Refusal, which has been dubbed, “just say no,” is when a non-applicant spouse of a long-term care Medicaid applicant refuses to help pay the cost of long-term care for their spouse. While spouses are legally obligated to financially support one another, Medicaid cannot legally deny care if a non-applicant spouse refuses to contribute towards the cost of care of their spouse. Furthermore, Spousal Refusal law asserts that non-applicant spouses are entitled to retain their assets by refusing to make them available to their applicant spouse. This Medicaid planning strategy can