The Orphan’s Court denied the guardian’s petition to allow the incapacitated person to continue to qualify for Medicaid through a combination of an annuity and gifts, and the Superior Court affirmed. The guardian did not aver or produce evidence that … Continue reading
Tag Archives: Medical assistance
The refusal of the Orphans’ Court to approve a “spend-down plan” to allow the incapacitated person to qualify for Medicaid by spending principal on a burial fund and making gifts was not an abuse of discretion or an error of … Continue reading
An agent under of a power of attorney did not have a duty to claim an elective share of the estate of a deceased spouse when the surviving spouse was entitled to a gift in trust equal to the elective … Continue reading
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 … Continue reading