If the Commonwealth pays for your dads care, even to you, then they can use his assets to recover their costs. There s a 60 month window in which they can demand the return of any asset that has been given, gifted, or transferred. If you can no further provide care of him, as soon as he hits the nursing home, his assets come into play. While there is a law called the Spousal Impoverishment Act, it only applies to spouses and it outlines specific items or percentages that must be considered or included in the taking of assets.