Opinion No. (1979)

REQUESTED BY: B. B. Bornhoft, Wayne County Attorney. In determining old age assistance eligibility for a husband in a nursing home, should the County Division of Public Welfare take into consideration the separate property of the wife where a premarital agreement provided that the property of each should remain separate in the marriage and that the husband would waive all rights to the wife's property at her demise.

In the event eligibility is established, would the separate funds of the wife be liable for reimbursement for any assistance that might be paid in behalf of the husband.

Yes.

Yes.

The…