If there was never a separation agreement drawn up and signed that he was financially responsible for himself and they are not divorced, I’m afraid that the facility would be well within their rights to request payment from her and also to release him to her care. She can file for divorce but I would think that may not happen quick enough for the current situation or the facility to be satisfied that she is not responsible for him.
Were there any papers signed when he went to the facility placing finacial responsibility on someone else or stating that the wife would not be financialy obligated to care for him? Is there any other family that can be contacted? Anyone that could get Power of Attorney for him?
She is not legally obligated to care for him, but may be legally responsible for his medical bills. She should consult with an attorney to figure out what she needs to do to try and minimize this risk.
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Helena M. Nevicosi
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A friend has been separated from her husband since December 2007. Her husband suffered from a stroke and is now residing in an assisted living facility. No legal separation papers were ever processed. The husband is receiving disability and is responsible for paying for his rent at the assisted living facility. The wife was advised that the husband is behind on his rent and if the balance is not paid in full, the facility will release the husband to the wife. Is she legally responsible to care for him if they are currently separated?