Self-settled irrevocable trust may count as a “Medicaid resource”
The Arkansas Supreme Court has just sustained a decision by the state Department of Human Services denying Medicaid eligibility due to excess resources. In this case, the Medicaid applicant had transferred her house and other assets into an irrevocable trust that gave the trustee discretion to expend trust funds for her own benefit. She applied for Medicaid more than 5 years after making the...
Trustee of Special Needs Trust must be cautious in making reimbursements
A person who is receiving Supplemental Security Income (SSI) from the Social Security Administration must report changes in his income or resources (assets) to SSI, because this can affect his eligibility or the amount of benefits. If countable resources exceed $2,000 on the first of a month, eligibility can be lost. If the issue is detected after the fact, there can be a resulting overpayment...