| Guardianships |
For those individuals who do not have advance directives, the inability to make personal and financial decisions can result in the need for a court-appointed guardian.
Financial DecisionsA guardian can make a broad range of financial decisions on behalf of an incapacitated person. The guardian is usually a family member or close friend, who can be given the power to:
Special Needs TrustsA guardian can set up a Special Needs Trust. The trust will allow a trustee to hold the person's assets for his or her benefit without compromising Medicaid eligibility, subject to certain conditions. This is a vital planning tool for all incapacitated persons under age 65 who have assets. Personal DecisionsA guardian can also make important personal decisions for the incapacitated person regarding routine and major medical and dental treatment; living arrangements; educational and training opportunities, and the application for government benefits including SSI and Medicaid. How to Become a GuardianYour attorney petitions the appropriate court and asks that the court appoint you (or, if you wish, someone else) as guardian. The court decides whether or not a guardian is needed, who should be appointed, and what financial and/or personal decision-making powers the guardian should have. Once appointed, the guardian can begin to act on behalf of the incapacitated person. Benefits of Guardianship
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Medicaid is a joint federal and state program that covers nursing home costs for people who meet both the financial and health eligibility requirements. Medicaid in New York covers long term care (custodial are) at home, in an assisted living facility (with restrictions), and in a nursing home.
