Connecticut's highest court rules that a probate court's order that a nursing home resident pay spousal support to her husband in the community was binding on the Medicaid agency's determination of the husband's community spouse allowance. Valliere v. Commissioner of Social Services (Ct., No. 19701, Feb. 1, 2018).
Marjorie Valliere entered a nursing home while her husband, Paul, remained at home. Ms. Valliere's conservator filed an application in probate court, seeking an order of spousal support for Mr. Valliere. The probate court issued an order allowing Ms. Valliere to transfer assets to Mr. Valliere and pay Mr. Valliere her monthly income. Ms. Valliere applied for Medicaid. The Medicaid agency granted the application, but instead of following the community spouse allowance set by the probate court, the agency required Ms. Valliere to contribute some of her income to her care.
Ms. Valliere appealed, arguing that the state should follow the probate court's community spouse allowance. After a hearing, the state ruled that the probate court did not have the authority to determine the community spouse allowance for Medicaid purposes. Ms. Valliere appealed to court, and the trial court ruled that the Medicaid agency was required to follow the probate court's community spouse allowance order. The state appealed.
The Connecticut Supreme Court affirms, holding that the probate court's order was binding on the Medicaid agency's determination of the community spouse allowance. The court notes that the Medicaid agency had the ability to appear in probate court to challenge the community spouse allowance. The court rules that "insofar as the [Medicaid agency] failed to take advantage of its opportunity to seek appropriate relief in the Probate Court before an application for Medicaid was filed, we conclude that the Probate Court’s spousal support order . . . was binding upon the department."
For the full text of this decision, go to: https://www.jud.ct.gov/external/supapp/Cases/AROcr/CR328/328CR14.pdf
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