PA POA for Medicaid Planning

Late-life Medicaid planning often requires gifting, retitling, and trust creation by an agent acting for an incapacitated principal. Pennsylvania POAs without express authority cannot do any of this.

Express gifting

20 Pa.C.S. § 5601.4(b) requires express authority to make gifts. Without it, the agent cannot move assets to qualify for Medicaid.

Gift to whom and how much

The POA should authorize gifts to spouse, children, and grandchildren, including in amounts exceeding the annual federal gift tax exclusion.

Trust creation

Express authority to 'create, amend, modify or revoke a trust' is needed for Medicaid Asset Protection Trust funding.