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St. Louis Estate Planning Law Blog

The Rights of Persons Under a Guardianship

Guardianship can be a critical component of special needs planning, as individuals with severe disabilities who cannot manage personal and financial affairs may need guardians upon turning 18. Legal Guardianship for Adults with Disabilities When children with significant cognitive or developmental disabilities become legal adults, their caregivers may lose the lawful ability to help with […]Read Entire Post »

When Does a Person Lack Capacity in a Guardianship?

The guardianship of an adult, in which a judge appoints an individual to make choices for a person over 18, is appropriate when the adult lacks capacity. Capacity is a general legal term that refers to a person’s cognitive ability. For instance, when people lack capacity to make a will, they cannot execute a valid […]Read Entire Post »

What Does SSA Stand For?

When looking into disability, retirement, or survivors’ benefits, you might have encountered the acronym SSA. Knowing what the SSA does is important if you apply for government benefits or enroll in Medicare. What Is the SSA? SSA stands for the Social Security Administration. The Social Security Administration is an agency of the federal government. This […]Read Entire Post »

What Other Benefits Can I Get With SSDI?

Social Security Disability Insurance (SSDI) is a federal benefits program. Through SSDI, the Social Security Administration (SSA) provides monthly monetary support for those who can no longer work because of long-term or permanent disabilities. Social Security Disability Benefits While SSDI can be an essential source of income for many individuals and families, it may only […]Read Entire Post »

Developing Financial Skills in Kids with Autism

Autism Spectrum Disorder (ASD) is a developmental disability that affects communication, social interaction, and behavior. As a spectrum disorder, ASD impacts individuals differently and to varying degrees. According to the Centers for Disease Control and Prevention, about one in 36 children have autism. Over a third of children with autism experience intellectual disabilities. Many parents […]Read Entire Post »

What is a Group Home?

A group home is a living accommodation option for people with disabilities. Living in a group home may be a good option for those individuals who do not need advanced medical care but cannot safely live alone. The care in a group home setting allows residents to receive extra support in a community setting without […]Read Entire Post »

Medicaid’s Power to Recoup Benefits Paid: Estate Recovery and Liens

Federal law requires the state to attempt to recover the long-term care benefits from a Medicaid recipient’s estate after the recipient’s death. If steps aren’t taken to protect the Medicaid recipient’s house, it may need to be sold to settle the claim. For Medicaid recipients aged 55 or older, states must seek recovery of payments […]Read Entire Post »

Protecting Your House After You Move into a Nursing Home

While you generally do not have to sell your home in order to qualify for Medicaid coverage of nursing home care, it is possible the state can file a claim against your house after you die, so you may want to take steps to protect your house. If you get help from Medicaid to pay […]Read Entire Post »

How Do I File for a Guardianship?

No one wants to see a loved one become unable to make decisions for him or herself. If this happens, however, the court may appoint a substitute decision maker, often called a “guardian,” but in some states called a “conservator” or other term. A guardian is only appointed as a last resort if other, less […]Read Entire Post »

How Can You Transfer a Guardianship Between States?

When an incapacitated person cannot make personal or financial decisions, state courts may appoint a guardian to assist the individual with determining where to live, what kind of care to receive, or how to manage finances. In some cases, guardians may wish to move their ward — someone whom a court has found need a […]Read Entire Post »