Guardianship Expenses Included in Available Resources for Medicaid Eligibility Purposes

After Deanna W. was found to be an incapacitated person, the court appointed a guardian of her estate, directing the guardian to set aside certain amounts to cover guardianship expenses. The court also ordered the Nassau County Department of Social Services (DSS) to exclude this money when determining Deanna’s Medicaid eligibility.

In In the Matter of Deanna W., the appellate court reversed the order of the lower court, concluding that there is no exception for guardianship expenses when determining Medicaid eligibility.

See Medicaid Agency May Include Guardianship Expenses in Determining Eligibility, ElderLawAnswers, Oct. 4, 2010.