Discretion of Guardian to Spend Income

After incapacitated person was found to be eligible for medical assistance, guardian of the estate was not required to file a petition to seek court approval to spend the ward’s income on expenses other than the medical and nursing home expenses of the ward, even though the payments of the guardian were less than the payments for care determined by the Department of Public Welfare, and the court declined to substitute its judgment for the decision of the guardian to spend income to preserve the value of the ward’s assets.  Maene, an Incapacitated Person, 3 Fid. Rep. 3d 194 (O.C. Bucks 2012), aff’d 909 EDA 2012 (Pa. Super. 5/23/2013) (non-precedential).

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