Who bears the costs of a stay in an EMS?

Who bears the costs of a stay in an EMS?

I am separated (but not divorced) from my wife and a judgement on measures to protect the marital union has been handed down. This provides for the separation of assets and the payment of a maintenance contribution by me of CHF 2,000 per month. My wife is showing signs of senile dementia, and I'd like to know to what extent I'll be required to contribute to the costs of the EMS if she has to be placed there.

Mr Geneva

As explained in a column published in these columns on 26 November 2017, when the cost of an EMS exceeds the income of the person to be placed, the State can cover the balance not covered by their income by means of supplementary benefits. These are subject to certain formal and financial conditions.

The analysis of the situation takes into account the income and assets of the person concerned. In Geneva, for example, in the case of an application for a person living in a home, all income is taken into account, plus one-fifth of total assets. If the person admitted to an EMS was living with his or her spouse before the placement, the income and assets of both spouses are added together, divided by two, and compared with their respective expenses in order to determine their entitlement to supplementary benefits.

On the other hand, if the spouses are separated - de facto or divorced - and a court order provides for maintenance contributions to be made to the person claiming supplementary benefits, these contributions are considered to be the claimant's income. It should be noted here that if there is a significant and lasting change in the financial circumstances of the person liable for the maintenance contribution, the amount of the contribution may be adjusted to take account of the new circumstances. In such a case, the Authority must require the person receiving benefits to request that the judgment or the agreement between the parties be amended. On the other hand, if no contribution has been provided for, the competent body must examine whether a contribution is relevant and, if so, determine the amount.

In this case, the maintenance contribution you pay to your wife will in all likelihood be taken into account as income when her financial situation is analysed, and you will not normally have to contribute any more to her investment costs.