Guardianship
An elder law attorney may be able to:
Preserve a portion of the applicant’s income for use by a non-institutionalized spouse;
Provide for the transfer of the applicant’s assets to certain family members without creating a penalty period under Medicaid law;
Protect life insurance policies and proceeds;
Protect retirement benefits and accounts;
Protect the applicant’s home;
Identify last minute expenditures that may be made for the applicant’s benefit without creating a penalty period for Medicaid eligibility purposes.
To have legal capacity to execute a document requires that the person signing have sufficient mental capacity to understand and appreciate the implications of the document.
