Iowa Elder Law and Medicaid Articles

The baseline rule is that the disabled adult’s home state has jurisdiction over the guardianship proceeding. The disabled adult’s home state is defined as a state in which the disabled adult was physically present for at least six consecutive months immediately prior to the filing of the guardianship proceeding. A temporary absence counts toward this six month period. If the disabled adult does not have a “home state” because he or she has not lived in the same state for six consecutive months prior to filing the guardianship proceeding a state with a significant connection to the disabled adult may assert jurisdiction.

In this article, we explain the differences between a testamentary special needs trust and a stand-alone special needs trust as well as the pros and cons of each. We answer the questions, “what is a special needs trust?”, “what is a testamentary special needs trust?”, “what is a stand-alone special needs trust?”, “what are the benefits of a stand-alone special needs trust compared to a testamentary special needs trust?”, and “when is a testamentary special needs trust appropriate?”

Many attorneys offer both free consultations and paid consultations, depending on what you are trying to accomplish. The key to understanding the difference, is that generally attorneys will not give legal advice without being first hired by the client.