ESTATE PLANNING, TRUSTS & ELDER LAW
What are guardians?
Testamentary guardians are appointed in a person's power of attorney or will to be the guardian for a minor or disabled person. General guardians care for and have control over a person and the estate of a ward. Special guardians have limited responsibilities and powers they usually only have control over the estate but not a person, or vice versa. Domestic guardians are appointed at the location where the ward lives, whereas foreign guardians receive their powers from courts that are in another state and generally have control over the property where it is located within the jurisdiction of that court. Guardian ad litems are guardians who the court appoints to represent an individual, minor, ward or unborn person in a specific litigation case. Guardians by statute or testamentary guardians are guardians whom a child's parent appoints through the parent's will to have custody of the child and the child's estate until the child reaches the age of maturity. For more detailed information please contact Attorney Hirschfeld.
Is there a citizenship requirement for Medicaid?
Participants must be a citizen of the United States or a qualified alien. The categories of aliens are determined in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
Can I be barred from Medicaid if I just moved into a state?
States must provide Medicaid for eligible residents, and cannot place length of stay residency requirements on eligibility.
What is a Medical Directive?
Just as we create estate plans for our eventual demise, we also need to plan ahead for the possibility that we will become incapacitated, sick or otherwise unable to make our own medical decisions.
What is a Health Care Proxy?
If an individual becomes incapacitated, it is important that someone have the legal authority to communicate that person's wishes concerning medical treatment. A health care proxy allows an individual to appoint someone to act as his or her agent, for medical decisions. The health care proxy is a document executed by a competent person (someone who communicates well, makes the choices you would make, stand up for you, is clearheaded, available and at least age eighteen) the authority to make health care decisions for you if you are unable to communicate such decisions. A health care proxy is especially important to have if individuals and/or family members disagree about treatment.
