In Illinois, I had a daughter of an elderly person that asked me about elder law and medicaid planning. Essentially, the daughter asked me about what happens when a parent does not have capacity and there is no power of attorney. In Illinois, this often means that a guardianship proceeding is necessary. I do a good amount of guardianship in Circuit Court of Cook County. A Guardianship proceeding is for disabled adults who lack the ability to make financial and healthcare decisions for themselves. There are two (2) types of Guardians. The first Guardian is a Guardian of the Person, which means that this Guardian makes healthcare and personal decisions for the elderly person. The second type of Guardian is a Guardian of the Estate. A Guardian of the Estate is a person that manages an elderly person's finances. In Illinois, there are two (2) types of guardianship powers. Temporary and plenary. Temporary guardianship is an appointment of a guardian for up to 30 to 60 days. Basically, a guardian for a short period of time until the Circuit Court of Cook County can make a permanent decision for a guardian or otherwise called a "plenary guardian".
For single widowed seniors to qualify for medicaid, they must have $4,000 or less in assets. If they own a home, they must either intend to return home, or have a disabled sibling or child. Medicaid still can place a lien against the home and file a recovery lawsuit upon the elderly medicaid recipient's death.
Sean Robertson is an estate planning and elder law attorney. Sean Robertson may be reached at (312) 498-6080.
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