FAQ's martha brown attorney

Frequently Asked Questions

At Martha C. Brown & Associates, LLC, we are often asked questions about Probate, Special Needs Trusts and Advanced Directives. Here are a few of the most frequent questions. If you have additional questions or would like more information, please contact us.

What Is MO HealthNet?
Mo HealthNet is the new name for the Medicaid program in Missouri.

How do I pay for nursing home care?
There are several sources of payment that cover the cost of a nursing home, including Long Term Care Insurance, private pay, Medicare, Medicaid, or Veterans Benefits.

What goes through Probate?
Assets that do not have a designated beneficiary must pass through the Probate Court. The Probate Court is an expensive process to pay your bills and taxes and distribute the remaining property to the heirs you identified in your will or according to the law.

What is the difference between a power of attorney and a guardian or conservator?
  • A power of attorney (POA) is a written authorization in which a person appoints another to represent or act on their behalf as their agent, for financial or health decisions, or both.
  • A guardian is a person who has been appointed by the court to have control and the legal authority for the personal care of another person. They deal with non-financial decisions. A guardianship may be needed if a person is a minor child, is incapacitated or has special needs and is not able to execute a POA.
  • A conservator is appointed by the court to be responsible for the protection and management of the financial affairs (or estate) of a person that has been deemed incapable of making informed or sound decisions.
What is the purpose of a Special Needs Trust?
One of the purposes of a SNT is to help a person with disabilities improve their quality of life without disqualifying a person from their public benefits, such as Supplemental Security Income (SSI) and Medicaid.

What is an Advance Directive?
An Advance Health Care Directive is a document that instructs others about your medical care should you be unable to make decisions on your own. This Directive allows you to appoint someone you trust to legally make healthcare decisions for you or to administer or withhold medical treatment and procedures based on your previously stated wishes.

Do I need Estate Planning?
Estate planning is not just for the "retired" or "wealthy." It allows you to develop a plan so you can name whom you want to receive the things you own after you die. If a person dies without a will, the State of Missouri determines how your assets will be distributed. Estate planning also allows you to appoint family members or friends to make financial or healthcare decisions on your behalf.

Contact this St. Louis Probate attorney for advice on whether a deceased person's estate is subject to Probate Court jurisdiction.

Martha C. Brown & Associates, LLC assist clients with Estate Planning, Elder Law and Probate in St. Louis City, St. Louis County, St. Charles County, Jefferson County, Franklin County and the surrounding areas including Arnold, Ballwin, Barnhart, Bellefontaine Neighbors, Black Jack, Bonne Terre, Brentwood, Bridgeton, Cedar Hill, Chesterfield, Clayton, Crestwood, Creve Coeur, Crystal City, Des Peres, DeSoto, Ellisville, Farmington, Fenton, Festus, Ferguson, Florissant, Fredericktown, Frontenac, Hazelwood, Herculaneum, High Ridge, Hillsboro, House Springs, Imperial, Kirkwood, Ladue, Lake St. Louis, Manchester, Maplewood, Maryland Heights, Mehlville, Normandy, O'Fallon, Olivette, Pacific, Pevely, Richmond Heights, St. Ann, St. Charles, St. Clair, St. Peters, Ste. Genevieve, Sunset Hills, Town & Country, University City, Union, Valley Park, Washington, Webster Groves, Wentzville , Wildwood.

The information provided on this website is a public service and is not intended as legal advice. Such advice should be obtained from your personal attorney.