Giving Guardians the Power to Do Medicaid Planning

Basically an argument that giving guardians the power to allocate medicaid funds is more efficient and effective (and reliable) than leaving the responsibility to people who may lack capacity.

Author(s): Hal Fliegelman and Debora C. Fliegelman
Publication Date: Summer 1997
Publisher: Wake Forest Law Review


In this article, Attorney Hal Fliegelman and Professor Debora Fliegelman promote the permissibility of Medicaid planning by guardians of incompetents. After first tracing the roots of guardianship law and the general background of the Medicaid statutes, this article suggests judicial standards which may be applied in support of Medicaid planning by guardians of incompetents. Although recent statutes may question the permissiblity of any Medicaid planning as currently practiced, the authors conclude that incompetents should not be precluded from wise financial planning practices otherwise offered to competent persons.