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Your Questions

Can I Get Medicaid Without Selling Everything or Having Too Much Income

Many people qualify for Medicaid while having assets and who may be over the income limit. States exclude certain assets from the calculation, and income issues can often be handled through a spend-down or in a Qualified Income Trust sometimes referred to as a Miller Trust. For assets, a Pooled Trust may be an option and funds may be subject to repayment for both types of trusts. Working with the proper legal professional to asses the individual situation is key. The main areas to keep in mind are the look-back period and gifting rules. Last minute distributions can be problematic. Proper planning, especially with an elder-law attorney, may preserve significant assets while still qualifying.

Guardian of the Person vs. Guardian of the Estate vs. Plenary Guardianship

Guardian of the person handles care decisions: where the person lives, medical treatment, daily needs, and coordinating doctors or services. They report to the court through care plans or status updates. Guardian of the estate handles money: collecting assets, paying bills, managing property, filing taxes, and preparing detailed financial accountings. They need court approval for out of the ordinary transactions. Plenary Guardian handles both personal, medical decisions as well as finances or property decisions.

How Long Does Probate Take and How Can I Prevent Delays

Probate often takes 6 to 12 months for a straightforward case, and longer if there are disputes, real estate, missing documents, or creditor issues. You can speed it up by collecting documents right away, filing promptly, publishing the creditor notice quickly, keeping beneficiaries informed, and organizing assets and debts as soon as possible.

Are you an Attorney or Financial Advisor or a Realtor

No, I am neither an Attorney, a licensed Financial Advisor or a Realtor. While I previously held a Series 7, a Series 66 license, and a Florida Real Estate Salesperson license, I am a licensed Guardian. I make independent decisions without any conflicts of interest. I work with elder law attorneys who can best meet specific needs. My loyalty belongs to the court and the people I serve.

When Guardianship Is Necessary vs. POA or Other Options

Guardianship becomes necessary when the voluntary cooperation required for a Power of Attorney is no longer possible or sufficient. While a Power of Attorney acts as a voluntary grant of authority for someone who wants help, it cannot be established after an individual has lost mental capacity, nor can it be used to override the will of that person who is actively refusing safe housing, medical care, or exploitation. Unlike less restrictive options such as trusts or representative payees, Guardianship is the final legal safety net that grants a designated protector the authority to enforce safety, health, and financial security even against resistance.

Voluntary guardianship is a legal arrangement where a mentally competent adult who is unable to manage their estate due to age or physical infirmity effectively asks the court to appoint a guardian on their behalf. The individual retains their legal rights and can terminate the arrangement at any time. This option is frequently used by individuals who want the oversight and security of a court-appointed fiduciary to manage their assets and pay their bills. In Florida specifically, this type of guardianship generally applies only to property and financial assets, meaning the individual retains the right to make their own medical and personal decisions.

Guardianship of a minor is required by the court for those who are under the age of 18 and have received a significant sum of money, exceeding $15,000. Since minors generally lack the legal capacity to manage large sums of money or enter into binding contracts, the court must appoint a guardian of the property to protect these assets, ensuring they are preserved for the child's adulthood and not used for general family obligations. While biological parents are the natural guardians of a child's person, they are not automatically the guardians of a child's estate.

What Is A Fiduciary and When Do I Need One

A fiduciary becomes necessary or very helpful in many different situations, when decisions are high-stakes, complex, or simply chose not to handle certain tasks but need someone legally obligated to act only in your best interest. A fiduciary is any professional legally bound to act in your best interest, but their roles differ based on what they protect.

Some Financial Advisors, not all, are fiduciaries for your wealth, needed when you want to grow and manage your investment portfolio related to securities like stocks or bonds. Attorneys and CPAs are fiduciaries for technical complexity, needed to resolve conflicts, navigate lawsuits, apply for some benefits, or manage intricate tax strategies as examples. Trust Companies are corporate fiduciaries for longevity, needed when you want an institutional team to manage assets long-term without the risk of an individual trustee passing away.

Lastly, and the roll I fill, Private Professional Fiduciaries are fiduciaries for your daily life, needed when you require or simply want a personal manager to pay bills, oversee real property, work with other professionals on your behalf or oversee care for a vulnerable family member

If You’re Named Personal Representative, Do You Have to Serve

No. Being named in a will doesn’t obligate you to accept. You can decline before appointment or resign later with court approval. The court will then appoint a successor, either someone named in the will or someone with priority under state law.