Use of Guardianships in Crisis Planning

There are situations where a crisis arises – most often, where one spouse needs nursing care – and there is no power of attorney in place to allow the other spouse to deal with the finances of the spouse needing care. 

This can be problematic, as in the absence of a broad power of attorney, the healthy spouse won’t have the authority needed to gift assets to themselves in order to get the spouse needing care qualified for Medicaid assistance, or to protect assets while paying for care.

However, in some situations Guardianship can be used to gift assets, but it is important that an attorney who has experience in these situations be involved to ensure that the proper documentation is filed and the proper approvals are obtained from the court. 

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Single
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Medicaid Planning 
Facing Illness (you or your spouse)