A new article is published Medicaid Agency May Include Guardianship Expenses in Determining Eligibility, ElderLawAnswers, Oct. 4, 2010.
After Deanna W. was found to be an incapacitated person, the court appointed a guardian of her estate, directing the guardian to set aside certain amounts to cover guardianship expenses. The court also ordered the Nassau County Department of Social Services (DSS) to exclude this money when determining Deanna's Medicaid eligibility.
After Deanna W. was found to be an incapacitated person, the court appointed a guardian of her estate, directing the guardian to set aside certain amounts to cover guardianship expenses. The court also ordered the Nassau County Department of Social Services (DSS) to exclude this money when determining Deanna's Medicaid eligibility.
In In the Matter of Deanna W., the appellate court reversed the order of the lower court, concluding that there is no exception for guardianship expenses when determining Medicaid eligibility.
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Hat tip: Wills, Trust & Estates Prof Blog
Posted by Yi Song, Associate Editor, Wealth Strategies Journal.
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