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The 2nd Circuit has upheld the doctrine of "spousal refusal" -- an estate-planning technique that allows elderly spouses to keep their homes and other assets longer, even when their impoverished spouse is in a nursing home paid for by Medicaid. Some elder law attorneys see the decision as momentous, with an impact likely to spread beyond the 2nd Circuit states, and perhaps prompting federal legislation. "This will have a ripple effect throughout the country," predicted attorney F. William O'Connor.
August 04, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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