Advocates for Long-Term Care Providers
Guardianships & Conservatorships
When a resident becomes incapacitated without a legally authorized decision-maker in place, facilities often face operational and financial paralysis.
Medical decisions are delayed. Medicaid applications stall. Income goes unpaid. Necessary documents cannot be obtained.
We assist Skilled Nursing Facilities and long-term care providers in establishing and managing guardianships and conservatorships to restore clarity, authority, and financial stability.
Establishing guardianships is often essential, not only for making vital healthcare decisions but also for resolving payment issues, including securing Medicaid eligibility.
Establishing Guardianships for Incapacitated Residents
When no valid power of attorney exists, or when the appointed agent is unable or unwilling to act, court intervention may be required.
We assist facilities with:
Petitioning for appointment of a guardian or conservator
Coordinating medical certifications and required documentation
Navigating court procedures efficiently
Seeking appointment of third-party fiduciaries when appropriate
Our goal is to establish lawful authority so that healthcare and financial decisions can proceed without unnecessary delay.
Addressing Common Challenges in Long-Term Care
Facilities frequently encounter guardianship-related obstacles such as:
Healthcare Decision Delays
Inability to make timely medical or end-of-life decisions.
Medicaid Eligibility Barriers
Difficulty obtaining financial documentation or completing applications.
Income & Resource Management Issues
Failure to manage excess resources or ensure resident income is paid to the facility.
When authority is unclear, reimbursement and care coordination suffer. We step in to resolve that uncertainty.
Managing Problematic Guardianships
In some situations, a guardian is already appointed but is not fulfilling their duties appropriately.
We assist facilities in:
Seeking modification or removal of non-performing guardians
Addressing disputes impacting payment
Clarifying fiduciary responsibilities
Petitioning for court intervention when necessary
Our focus is restoring compliance and accountability.
Ongoing Support After Appointment
Guardianship is often only the first step. Medicaid eligibility deadlines, financial transitions, and court reporting requirements follow.
We collaborate with appointed guardians to:
Facilitate timely Medicaid application completion
Address spend-down and excess resource issues
Ensure proper income redirection
Reduce risk of reimbursement gaps
Proper coordination protects both resident care and facility revenue.
Ensuring the Best Care for Your Residents
Guardianship matters require careful, time-sensitive action. We provide strategic legal guidance to help facilities move forward efficiently and lawfully.
To discuss guardianship or conservatorship support for your facility, contact our office at 614-420-4966 or reach out online.