Medicaid and Guardianships
New York Medicaid Planning and Guardianship Issues
Looking for a guardianship attorney near me? As we age, our needs change and grow. The legal steps you took to protect your family when you were in your 50s can suddenly seem inadequate when you are in your 70s. If you are an adult child of aging parents, Medicaid and Medicare have probably been part of your conversations. At J&G Law, LLP our elder law attorneys are ready to help you meet the challenges that come with aging.
Protecting Assets and Ensuring Medicaid Eligibility with a "Guardianship Attorney Near Me"
Our elder law attorneys help clients become eligible for Medicaid benefits. To qualify for Medicaid, an individual must meet certain stringent criteria. There are many tools that can help individuals meet these qualifications. Among these tools are supplemental needs trusts and property transfers.
When planning for Medicaid eligibility, the best results are usually achieved with long-term planning. However, the elder law attorneys of J&G Law can also help families and individuals achieve Medicaid eligibility over a more immediate time frame. If you’re searching for a guardianship attorney near me who also understands Medicaid planning, we’re here to help.
Dedicated Representation in Guardianship Proceedings
Guardianships can be necessary to handle the affairs of a person who is unable to handle his or her own affairs or to protect a vulnerable person from exploitation. A person may need a guardian of property, a guardian for themselves, or both. Court approval is necessary to establish guardianship.
Our law firm has substantial experience preparing guardianship petitions and presenting them before the appropriate court. Our experience in this complex aspect of the law also includes defending individuals who do not believe a guardianship is necessary. Whether protecting assets, representing a loved one in need, or disputing a guardianship, you can benefit from the experience of our guardianship lawyers, who concentrate on providing exceptional client satisfaction.
Article 81 Guardianship
- For incapacitated adults (18+)
- A judge grants a guardian specific powers tailored to the individual’s needs
- Powers may include managing finances, property, personal needs, or a combination
Article 17-A Guardianship
- For adults (18+) with lifelong intellectual or developmental disabilities
- Grants the guardian comprehensive decision-making authority
Guardianship of a Child
- For situations where a parent or other person seeks guardianship due to concerns about a parent’s ability to care for the child
Who Can Be a Guardian?
To be a guardian, you must be at least 18 years of age. A guardian may be a family member, a friend, or an attorney. If there is not an appropriate guardian to select from, a judge may select a qualified person or non-profit organization. The decision-making powers of a guardian may include personal needs powers that allow the help to choose a safe place to live, decide who will provide care, and make medical decisions. Property needs powers may include paying bills, managing income and assets, and entering contracts. A guardian cannot consent to mental health or drug treatment or other medications over a person’s objective.
Contact us at 845-764-9656 to find a guardianship attorney near me.
We maintain offices in Walden and Monticello and serve clients throughout Orange, Sullivan, and Ulster counties.
