Does the Department of Public Welfare require that the institutionalized spouse claim the elective share?
Yes. Within the last few years the Department of Public Welfare has begun to require that the institutionalized spouse or his or her authorized representative claim the elective share of a deceased spouse’s estate. 3. What if the institutionalized spouse chooses to waive the elective share? If the nursing home spouse or his or her authorized representative waives the elective share, the Department of Public Welfare will deny Medical Assistance eligibility based on the theory that there was an available asset that could have been collected and thus used to pay for the nursing home resident’s care. The waiver of the elective share will be deemed to be a transfer of assets by the institutionalized spouse which will create a period of ineligibility for Medical Assistance. 4. How will the Department of Public Welfare determine the amount of time the institutionalized spouse will be ineligible for Medical Assistance if he or she waives the right to receive the elective share? The Department
