Answer: It is not appropriate for the guardian to do this, but it is probably not illegal. The guardian must oversee your mother’s care and act in her best interest. The guardian is probably also required to file reports with the local probate court, but the specifics...

Five elder advocacy groups are calling on Congress to eliminate Medicaid estate recovery after a congressional advisory commission recently concluded that estate recovery recoups a tiny percentage of spending while contributing to generational poverty and wealth...

A Pennsylvania appeals court rules that an agent may act on behalf of a principal under a springing power of attorney, even if the principal has not been declared incompetent if the parties intended to enter into a general power of attorney as supported by the...

A Massachusetts case demonstrates the importance of making any agreements about inheritance in writing. The Massachusetts Appeals Court ruled that rendering services to someone in the hope or expectation that it will result in payment from an estate is not sufficient...

It should not. The state Medicaid agency should not look at your mother’s assets after the spend down has occurred. But this is a general rule, so we recommend consulting with an elder law attorney to make certain there is no local trap for the unwary. Also, if she...

Remember how satisfying it was setting up a trust for your child with special needs? You named a trustee and a successor trustee, signed the paperwork, and paid the legal bills, and then you rested easy at night knowing you had put a plan in place for your child....

With the federal estate tax exemption possibly about to be lowered, it may be time to think about steps you can take to keep your estate from being taxed. An irrevocable life insurance trust allows you to pass on money to your heirs while avoiding both the federal...

While you generally do not have to sell your home in order to qualify for Medicaid coverage of nursing home care, it is possible the state can file a claim against your house after you die, so you may want to take steps to protect your house. If you get help from...

If you are caring for a loved one at home, you may need to rent a hospital bed. Here are the ins and outs of hospital bed rentals. The benefit of a hospital bed is that it adjusts to allow people with limited mobility to more easily get in and out of the bed. The...

As life circumstances change (births, marriages, divorces, and deaths), it may become necessary to make changes to your will.  If an estate plan is not kept up-to-date, it can become useless. The best way to make changes is either through a codicil -- an amendment to...

If you want to make a gift to family members but have exceeded the annual gifting limit, there is another way. Payments for a family member’s education or health care expenses are exempt from the gift tax. The annual gift tax exclusion for 2020 and 2021 is $15,000....

For most people, the durable power of attorney is the most important estate planning instrument available -- even more useful than a will. A power of attorney allows a person you appoint -- your "attorney-in-fact" or “agent” -- to act in place of you – the “principal”...

For better and for worse, Medicaid is the primary method of paying for nursing home care in the United States. But navigating the Medicaid system is complicated and confusing. Here are the basics. Medicaid (sometimes called by other names, such as "KanCare" in Kansas,...

Parents and other family members who want to pass on assets during their lifetimes may be tempted to gift the assets.  Although setting up an irrevocable trust lacks the simplicity of giving a gift, it may be a better way to preserve assets for the future. A trust is...

This is something of a grey area. You must report most asset transfers to the Medicaid agency, and the transfer will usually cause a period of ineligibility for benefits. You could make an argument that the transfer of a non-countable asset does not need to be...