How is Incapacity Determined?

How is Incapacity Determined?

How is Incapacity Determined?

A medical professional will perform an evaluation to determine if you lack the ability to make decisions in your best interests. This determination is usually tied to diminished capacity to make decisions or physical limitations, such as a disability. The fact that you may make decisions that others may not agree with does not, in and of itself, prove a lack of capacity. In Ohio, the applicant (the person seeking the appointment of a Guardian) must prove by clear and convincing evidence that the ward lacks capacity to make decisions and that a guardianship is the best and only option.

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Medicaid Home Care

Traditionally, Medicaid has paid for long-term care in a nursing home, but because most individuals would rather be cared for at home and home care is cheaper, all 50 states now have Medicaid programs that offer at least some home care. 

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