Frequently Asked Questions Videos

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To be eligible for Medicaid you must have less than $2000 in countable assets as defined by your state. You must have less than your income cap as set by your state, and you must be medically eligible as well, meaning intermediate or skilled care. In most states you can apply for Medicaid online.

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The signs of undue influence can include a number of things; an elderly individual can suddenly stop speaking to family and start referring to a newly found friend as someone closer to them than their children, dramatic changes in estate plan that are unusual for that individual or dramatic changes in ownership of assets such as transfers or large gifts to individuals that an elderly person has just met.

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There are several types of guardians. There are limited guardians, which are guardians only of specific things, such as a particular piece of property or to make a particular kind of decision. There are plenary guardians, which are guardians that make all the decisions for an individual. There’s a guardian of the property. That person is only in charge of the property of the individual over whom they’re guardian. Then there is a guardian of the person. This is the individual who makes all the personal and medical decisions for an individual.

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A trust offers a variety of benefits. First, it avoids probate. Second, it can be a way in which your property can be administered when you lack capacity, thus avoiding a guardianship. Finally, a trust keeps your matters private out of the public domain in many cases.