This article discusses In re Keri, which was decided by the New Jersey Supreme Court in 2004. The topics explored include that a P.O.A. in itself may not be sufficient to allow gifting; a guardianship may be required. The difference between gifting for retirement planning or enhancing Medicaid eligibility is discussed, as well as court cases from several jurisdictions.
Ershow-Levenberg, Linda S.
"Court Approval of Medicaid Spend-Down Planning by Guardians,"
Marquette Elder's Advisor:
2, Article 2.
Available at: http://scholarship.law.marquette.edu/elders/vol6/iss2/2