Seniors in Love…….

Feb 14, 2012

In the Disney classic movie Bambi, when spring arrives, the adolescent Bambi notices that all of his male friends are becoming enchanted by young females of the same species.  When Bambi asks the wise old owl what is wrong with them, he is gruffly told, “They are twitterpated!”

As an attorney serving seniors and those who love them, I have observed that not just adolescents—but rather adults of all ages—can become “twitterpated”.  When seniors come to see us for premarital legal counseling, they are rarely interested in our left-brained, analytical advice regarding senior dating, partnership, and marriage.  Here is some cautionary information that we give to our senior clients regarding marriage and/or remarriage.

It is important to understand that, as we age, it becomes highly likely that the health condition of the two partners will diverge.  Married couples who age between their twenties and early sixties can usually count on relatively good health.  But as the famous actor Jimmy Stewart once said, “After seventy, it’s just patch-patch-patch.”  Seniors who are getting married need to understand that when they say, “I do!” they also are giving an implied and legally enforceable promise that says, “I will be obligated for your medical expenses.”

It is very important to understand that neither medical providers nor the State of Illinois are barred by prenuptial agreements from proceeding to collect for unpaid medical bills and/or reimbursement for Medicaid expenditures.