Can you get a divorce from a spouse who has dementia and is in a nursing home. He cannot sign his name or understand many things. I want the divorce because of Medicaid issues. I want to keep his qualified for medicaid. We are both on Social Security and they apply both amounts. If he was single he will qualify longer.

He will have to be appointed an attorney to represent his rights.

And of course if this is proven to be the reason, medicare may want to consider this a fraud to get services not entitled to.

I would sit down with a elder care attorney and go over my options.

Medicaid is a sick joke, because it requires people to be literally starving before they can get it. Do anything you can to keep it. The only "fraud" being perpetrated is by the US government.