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Disabled spouse

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Margaret

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0.10 Dollars($)

PostPosted: Tue Feb 12, 2008 1:45 pm    Post subject: Disabled spouse

Spouse is disabled with Alzheimer's and I am his guardian and conservator. He is on MaineCare so I need to do a quitclaim deed so he does not have more than ten thousand dollars in assets. Can I sign for him like normal where it is going to be in my name?
 
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Icon Mini Profile larry



Joined: 27 Jun 2007

Posts: 2951



411.26 Dollars($)

PostPosted: Tue Feb 12, 2008 1:52 pm    Post subject:

Hi Margaret,

Welcome to the forum.

You cannot sign the deed and quitclaim to you. You are a grantee as you are getting the property. And only the property owner can quitclaim a property as a grantor. So your spouse will have to sign the deed to quitclaim the property to you.

Thanks.
Larry
 
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Margaret

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0.10 Dollars($)

PostPosted: Tue Feb 12, 2008 1:54 pm    Post subject:

Impossible since he has Alzheimer's disease. He doesn't even know his own name anymore or me. I have to do this to keep him on MaineCare so they will continue to pay a share of his nursing home fees.
 
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Icon Mini Profile Jessica
Jessica
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Joined: 08 Jun 2004

Posts: 636
Location: OHIO


106.31 Dollars($)

PostPosted: Tue Feb 12, 2008 11:19 pm    Post subject: RE: legal guardian can sign on behalf of disabled spouse

Hi Margaret,

Since you are the conservator, I understand that you have been appointed by the court to handle the affairs of your husband's estate. Therefore in general, you can sign on the deed on your husband's behalf. However, if he's on MaineCare, it may affect his benefits. So, before you do that, just check out related docs that you may have and which may have stated about your rights as a conservator. Also look through the MaineCare documents to check if you will be allowed to do so.

Please refer to a previous discussion on Medicaid and title transfer to know more on this issue .

In case you'd like to cross check, feel free to contact or pm jheard (attorney in the community)

Regards,

Jessica

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