As our population ages, addressing incapacity becomes increasingly important. Guardianship serves as a vital safeguard for individuals who lack capacity and their families, protecting them from potential harm arising from declining physical or mental health. In many cases, the loss of capacity coincides with an individual’s need for long-term care, and Medicaid may be the most viable payment option to meet the individual’s long-term care needs. The guardian will need to establish a Medicaid plan and have said plan approved by the court, which can add significant complexity to the guardianship proceeding. Elder law attorneys must not only possess a comprehensive understanding of guardianship proceedings but also be able to adeptly create and explain Medicaid planning strategies that align
with the authorities granted to the guardian. Two primary challenges in Medicaid planning within guardianship include defining the substance of the plan and presenting it effectively in court. The substance of the plan depends on factors such as the type of Medicaid required and the specific circumstances of the case. The timing and manner of presenting the plan in court are crucial considerations. Join us as we explore the intersection of Medicaid and guardianship, discussing key
considerations for attorneys, including asset protection strategies, trust utilization, and best practices in elder law.

This presentation will provide attendees with an in-depth analysis of Medicaid planning issues in the context of guardianship. The presenter will discuss:

• The intersection of Medicaid and guardianship and proceedings
• Circumstances when guardians should consider Medicaid planning, transferring assets, and utilizing trusts
• Best practices for elder law attorneys related to timing and presentation of the Medicaid plan in guardianship proceedings.