Posted on Mar 02, 2020

Elder Law/Estate Planning

1. Irrevocable Trust Belonging to Community Spouse Is Not Automatically an Available Resource, Michigan High Court Rules

Reversing an appeals court, Michigan's highest court holds that assets placed in an irrevocable trust for the sole benefit of a community spouse are not automatically considered countable assets for the purpose of an institutionalized spouse’s initial eligibility determination for Medicaid long-term-care benefits. 

2. State's Medicaid Lien Has Priority Even Though It Was Filed After Recipient Died

An Ohio appeals court rules that the state has priority over a nursing home in a claim for Medicaid recovery against the estate of a nursing home resident even though the state did not file a lien against the resident's property until after the resident died. 

3. Nursing Home Resident's Representative Liable for Nonpayment Claim Even Though She Didn't Sign Admission Agreement

Reversing a lower court, an Ohio appeals court rules that the fact that a nursing home resident's representative did not sign the nursing home admission agreement is not reason enough to grant her summary judgment because the nursing home's claims against her for nonpayment were not based on theories of liability under the agreement. 

4. Court Must Take Medicaid Law Into Account When Deciding Spouse's Support Claim

A Michigan appeals court holds that the wife of a Medicaid recipient may pursue a spousal support claim instead of an administrative remedy under Medicaid law, but that the probate court must take Medicaid law into account when deciding whether she is entitled to support. 

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Michael Monteforte, Jr.
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