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Guardianship of the person is a circuit court designation that a person can make health care decisions for the disabled. But, there are certain requirements. First, you must prove that the person is disabled. This is often done through the use of physician certificates. However, other health care professionals may also provide their expert opinion.
The Maryland SAFE Act is a relatively new provision to address financial exploitation of the elderly. This provision allows certain interested parties to bring suit for the elderly individual in for various types of relief. What makes the Maryland SAFE Act particularly useful is that it is relatively open ended in the type of relief you can get from the Court.
The Medicaid (i.e., Medical Assistance) process is very complex. At its core is the issue of making sure certain asset levels are in place. In order to be eligible for Medicaid, the applicant must have no more than $2,500 in countable assets. But, often the issue is, when do you need to have $2,500 in countable assets?
In order to smooth the path for the court to be involved and appoint a person to serve as the guardian, the person with a disability needs to be examined two times.
Having a person with disabilities sign a last will and testament is a tricky area of the law. The Court determines whether a person’s signature on the last will and testament is valid.
What happens if a person with a disability needs a guardian, but he or she refuses to be examined? If a person in the household refuses to allow the person to be examined, there is a clear legal route to get the court involved. But what happens if your parent is in the home alone and simply refuses to be examined?
The entire guardianship process is complex. The very first step, however, can often be the most challenging. When a petition for guardianship is filed, you must file proof of the person’s disability. This “proof” is a certificate completed by the person’s physician, psychiatrist, psychologist, nurse practitioner, or licensed social worker (or a combination thereof).
Applying for Medicaid can be like walking into a minefield. There are a number of ways that a Medicaid application can go wrong—and the consequences can be absolutely devastating.
Maryland Medicaid is called “Medical Assistance.” Medicaid is the name of the federal program that helps people with medical costs. In Maryland, the program is called Medical Assistance. In the context of elder law, Medical Assistance is the program that covers skilled nursing care.
Disturbing Issues About Adult Guardianship. The Britney Spears conservatorship raises a number of interesting issues (that are somewhat complex and disturbing) of how an adult could be subject to guardianship. The obvious issue is how the state can take away your rights to make health care and financial decisions, when, from the outside, you appear…