Guardianships


Obtaining guardians for your residents is often necessary to ensure medical decisions are timely and appropriately made and/or to solve payment problems, including obtaining Medicaid eligibility.

Incapacitated long-term care residents often have the following problems:

 

  1. Inability to timely and appropriately make important health care decisions, including end-of-life decisions;

 

  1. Inability to collect information and documents necessary to prove Medicaid eligibility;

 

  1. Inability to spend down excess resources to obtain Medicaid eligibility; and

 

  1. Inability to ensure income is promptly and fully paid to your facility;

 

If, before becoming mentally incapacitated, a resident appointed a trustworthy and diligent agent to make decisions about his or her finances and health care, the agent should be able to make those decisions. But what can be done if the resident did not appoint an agent, the agent is not cooperative, or is no longer able to make those decisions? In cases like those, KENNEDY, PC Law Offices’ attorneys help our clients cost- effectively and promptly obtain a guardian.

Once a guardian is appointed, KENNEDY, PC Law Offices’ attorneys do not stop there. As you know, proving Medicaid eligibility for your residents is rife with time- sensitive traps that, if not appropriately addressed, can cause the loss of potential Medicaid eligibility. If Medicaid eligibility is sought, our attorneys work with the guardian to ensure that, each step of the way, the necessary actions are timely and fully taken to obtain a grant of Medicaid.

Next, suppose an incapacitated resident does not have a guardian and has an urgent need for health care decisions to be made. In urgent medical situations, our attorneys will, if it is the only viable option, help you obtain an emergency guardian for your resident. Unlike regular guardianships, which often take weeks to complete, an emergency guardian can be appointed within a few days. KENNEDY, PC Law Offices’ attorneys give the highest priority to situations like those.

Finally, suppose you have an incapacitated resident who needs end-of-life decisions made, but there is no one legally authorized to make those decisions. Kennedy, P.C. Law Offices’ attorneys will guide your staff, the resident, and the resident’s relatives through this highly sensitive and important process. If appropriate, we will request a Court appoint a guardian and authorize the guardian to make appropriate end-of-life decisions.

If one of your residents is incapacitated and needs a guardian to make routine decisions about health care, residential choices, financial matters, Medicaid eligibility, or urgent or end-of-life health care decisions, we can help.

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