ESTATE PLANNING--A RACE TO THE POORHOUSE: SHOULD GUARDIANS HAVE A DUTY TO IMPOVERISH THEIR WARDS FOR ASSET PROTECTION PURPOSES THEREBY PRESERVING ASSETS FOR HEIRS?

Authors

Angelina M. Pargoff

Abstract

In this Note, the Author uses In re Guardianship of Domey (2008) to highlight the problems associated with Medicaid eligibility, costs of long-term care, and any duty of a guardian to their ward relating to Medicaid eligibility and the protection of assets for distribution to others. The Author argues that imposing a duty on guardians to propose Medicaid spend-downs is necessary to achieve adequate protection for the ward facing an indefinite term of long-term care. The Note provides background on Medicaid, nursing home care costs, and methods of financing nursing home care through both private-pay and government benefits. Additionally, the background on the current Medicaid transfer laws, Medicaid planning strategies, and an overview of Medicaid planning initiated by guardians are discussed. An appendix provides a sampling of each state’s guardian statutes and cases discussing guardian-initiated estate planning and Medicaid spend-downs.

Recommended Citation

Angelina M. Pargoff, ESTATE PLANNING--A RACE TO THE POORHOUSE: SHOULD GUARDIANS HAVE A DUTY TO IMPOVERISH THEIR WARDS FOR ASSET PROTECTION PURPOSES THEREBY PRESERVING ASSETS FOR HEIRS?, 34 W. New Eng. L. Rev. 251 (2012), https://digitalcommons.law.wne.edu/lawreview/vol34/iss1/8