I (50 years old) own one-half of a Florida condominium with my parents, who are residents of Illinois. I live in the condo...Read more
While it may depend on your state’s Medicaid agency, the real question is whether you can get them the information they need and have access to her funds to pay her monthly income to the nursing home. If you’re able to accomplish this without being appointed guardian, it shouldn’t be necessary for purposes of Medicaid. The facility may still want someone to become guardian in order to make health care decisions for your mother-in-law. Your situation is a prime example of why we urge everyone to execute a durable power of attorney and health care directive.
For more on guardianship, click here.
Local Elder Law Attorneys in Ashburn, VA
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
Medicaid Rules, etc