Gifts from estate of ward; expenditures for relatives of ward.
1. A guardian of the estate, with prior approval of the court by order, may, from the estate of the ward which is not necessary for the proper care, maintenance, education and support of the ward and of persons to whom the ward owes a legal duty of support:
(a) Make reasonable gifts directly, or into a trust, on behalf of the ward.
(b) Provide for or contribute to the care, maintenance, education or support of persons who are or have been related to the ward by blood, adoption or marriage.
(c) Pay or contribute to the payment of reasonable expenses of remedial care and treatment for and the funeral and burial of persons who are or have been related to the ward by blood, adoption or marriage.
2. Any petition filed by a guardian pursuant to this section must state whether:
(a) The purpose of the guardian in seeking approval to make the gift, payment or contribution is to dispose of assets to make the ward eligible for Medicaid; and
(b) Making the gift, payment or contribution will cause the ward to become eligible for Medicaid.
Last modified: February 25, 2006