Elder Law

Medicaid: Sole Benefit Trust rejected and transfer penalty imposed

Sole Benefit Trust rejected and transfer penalty imposed. An 86 year old applicant established an irrevocable trust for the benefit…

3 years ago

Medicaid: Transfer Penalty Reversed Where Cured

Transfer Penalty Reversed Where Home Was Returned. Three months prior to a nursing home admission, a 98 year old Petitioner…

3 years ago

Medicaid: Court Reaches Wrong Conclusion Regarding Community Spouse

Incorrect Decision Reached Regarding Status of Community Spouse. A nursing home resident’s spouse was denied a Community Spouse Monthly Income…

3 years ago

Medicaid: Federal Law Trumps State Law When They Conflict

Georgia’s Medicaid Manual cannot be enforced when it conflicts with federal law. Applicant resided in an assisted living facility until…

3 years ago

Medicaid: Ignorance of QIT Requirement No Excuse

Ignorance of QIT Requirement Does Not Excuse Failure to Comply. Nursing home resident’s son assisted with her October 25, 2007…

3 years ago

Assessment of transfer penalty on sale of life estate affirmed

Assessment of transfer penalty on sale of life estate affirmed. Conservators sold life estate for $1,500, then sold the applicant’s…

3 years ago

No Penalty Where Resources were Transferred to Disabled Child

No penalty may be assessed where resources are transferred directly to a disabled child. A nursing home resident transferred approximately…

3 years ago

Medicaid: Hire a Lawyer

Hire a Lawyer. An unrepresented nursing home resident applied for Medicaid on December 21, 2007. A 981 was issued after…

3 years ago

Medicaid: Community Spouse Resource Allowance administratively raised

Community Spouse Resource Allowance administratively raised. Evidence was stipulated that the combined marital income of the couple did not result…

3 years ago

Medicaid: Valuation; value of transferable promissory note

Valuation; value of transferable promissory note. Petitioner filed a motion for summary determination and respondent failed to answer. The issue…

3 years ago