QUEST and Medicaid Fiduciary Services
“Dear Karen,

In my worst part of my life, it's like an angel came to my rescue. Thanks very much. You will be in my heart forever. God bless you!”

Koh C. Honolulu, HI
For the past 10 years, Scott Gardner & Co. has been diligently helping hospital and nursing home patients with their Medicaid application needs. During this time we have long served alongside numerous social workers, attorneys, and state agencies. Over time these professionals recognized that Scott Gardner & Co. would be a perfect match to help folks who are in need of fiduciary services.

These professionals steadily encouraged Scott Gardner & Co. to get involved in the much needed fiduciary arena. They would often echo this sentiment saying, “Scott, you already work with families in great lengths with Medicaid. Plus, you have proven yourself in the healthcare community and we trust your work. It would make complete sense to add this service to your repertoire.”

In 2012, Scott Gardner & Co. took a leap of faith and entered the fiduciary services arena. Scott Gardner & Co.’s fiduciary department provides services for individuals who do not have the capacity to manage their own financial matters. Some of the most common fiduciary duties are bill payments, consolidating assets, preservation of funds, and annual accounting. A kūpuna who suffers from memory loss and has no immediate relatives to help would be a typical client. Another type of client would be a younger, but disabled person who has come into a large settlement or inheritance.

To carry out such prudent responsibilities, one must be appointed under the following titles either as a:

  • Conservator – Selection is done in court. After careful review, the presiding judge will select or appoint the person to carry out the fiduciary duties. This court appointed individual is the conservator.
  • Trustee – Selection does not necessarily require a court room proceeding, but rather completed in the attorney’s office. The person who creates the trust (Trustor) will nominate who they wish to serve as trustee.

The majority of our clientele are already or soon to be a recipient of Medicaid or Social Security benefits. A knowledgeable estate planning attorney can help prepare a specific trust for the client where the assets are exempt, while maintaining government assistance. Most times these assets are exempt because they are commonly known as payback trusts.

Ideally, a willing and responsible relative is appointed. However, in many cases there are no relatives available. In a situation like this, a third-party person or company such as banks and Trust Corporations are recommended to fill this gap. This is where Scott Gardner & Co. steps in. The friendly and knowledgeable associates are there to walk their clients through each step of the process.