Trusts and Powers of Attorney in Guardianship Estates

Understand the various Medicaid planning tools available to guardians in administering a ward’s estate.

Most guardianships involve the appointment of a plenary guardian of the person, estate or both. However, there are various situations where the appointment of a limited guardian of the person, estate or both is most appropriate for the alleged person with a disability. In addition, some of the most highly contested guardianship cases involve an individual who presents well and exercises his or her right to contest the adjudication of disability, leaving an opportunity for the parties to resolve the case with a limited guardianship in order to avoid an expensive, and often personal, guardianship trial. Through various case hypotheticals, this presentation explores situations in which limited guardianship is appropriate and how practitioners can better tailor the powers and duties of limited guardians to the circumstances at hand.

An overview of wrongful death and survival actions from the inception of a personal injury case through trial and/or settlement and ultimately the opening of a probate estate (when needed). This segment will also address how such causes of action and corresponding outcomes impact minors and individuals with disabilities.