Management of Risk in Guardianship and Powers of Attorney
DECEMBER 14, 2015 VOLUME 22 NUMBER 46 Imagine: you have just been named as guardian for your aging father. You are responsible for his medical care and decisions, his comfort and his placement. You were appointed, in part, because of your concern about his safety at home — you are thinking perhaps he needs to […]
How to Make Health Care Decisions for Someone Else
JULY 28, 2014 VOLUME 21 NUMBER 27 Maybe you’ve been named guardian (of the person) for a family member, colleague, or friend. Maybe you’ve been listed in a health care power of attorney. Maybe you’re a family member with authority to make health care decisions (Arizona, like a number of other states, permits family members […]
Court Ruling on Special Needs Trust Does Not Resolve Medicaid Eligibility
APRIL 22, 2013 VOLUME 20 NUMBER 16 This week we bring you a story that is simultaneously simple yet profound. It involves an arcane corner of law — the intersection of trust administration and Medicaid eligibility. Its simplicity is obvious: it results in a court determination that Medicaid eligibility is determined by the state Medicaid […]