Albany County Department of Social Services v. Englehardt

OPINION OF THE COURT

Mikoll, J.

Petitioner Norman Englehardt (hereinafter petitioner) and respondent, Frances Englehardt, were married on September 6, 1934. Petitioner is 76 years old and, since December 1983, has resided at Guilderland Center Nursing Home, a skilled nursing facility. Respondent is 71 years old and resides in an apartment in the City of Albany. Following petitioner’s admission to the nursing home, and before he became eligible for Medicaid, respondent paid for the cost of petitioner’s care using more than one half of the couple’s lifetime savings. She expended more than $35,000…