Below, in chronological order, is ElderLawAnswers' annual roundup of the top 10 elder law decisions for the past year, as measured by the number of "unique page views" our summary of the decision received.
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. Hegadorn v. Department of Human Services Director (Mich., Nos. 156132, 156133, and 156134, May 9, 2019). To read the full summary and click through to the full text, click here.
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. Wiesenmayer v. Vaspory (Ohio Ct. App., 2ndDist., No. 27931, May 10, 2019). To read the full summary and click through to the full text, click here.
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. Montefiore Home v. Fields (Ohio Ct. App., 8thDist., No. 107359, May 23, 2019). To read the full summary and click through to the full text, click here.
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. In re Michael Declerck (Mich. Ct. App., No. 343483, June 18, 2019). To read the full summary and click through to the full text, click here.
5. Senior’s Transfer to Pooled Trust Triggers Medicaid Penalty Period
A U.S. court of appeals rules that a transfer to a special needs pooled trust by a Medicaid recipient who is age 65 or older triggers a Medicaid penalty period. Richardson v. Hamilton (1st Cir., No. 18-1223, June 20, 2019). To read the full summary and click through to the full text, click here.
6. Son Who Received His Mother’s Assets Is Liable for Her Unpaid Nursing Home Expenses
A New York trial court rules that a son who received his mother’s assets without consideration, leaving her insolvent, is liable for her unpaid nursing home costs. Amsterdam Nursing Home Corp. (1992) v. Lynch (NY Sup. Ct., No. 154028/2018, June 7, 2019). To read the full summary and click through to the full text, click here.
7. Nursing Home Can't Sue Daughter of Resident Who Transferred Money to Herself
A New Jersey appeals court holds that a nursing home does not have standing to bring a claim of conversion or breach of fiduciary duty against a resident's daughter who transferred the resident's money to herself, causing a Medicaid penalty period. Future Care Consultants, LLC v. M.D. (N.J. Super. Ct., App. Div., No. A-4565-17T1, July 5, 2019). To read the full summary and click through to the full text, click here.
8. Attorney Who Received Estate Assets Subject to Medicaid Lien Is Liable to State for Lien
A Massachusetts appeals court holds that evidence supports a trial court decision that an attorney who received assets from the estate of a Medicaid recipient is liable to the state for the Medicaid lien on the property. Costantino v. Lonardo (Mass. Ct. App., No. 18-P-587, July 23, 2019). To read the full summary and click through to the full text, click here.
9. State Wrongly Required Medicaid Applicant to Provide Information that Didn't Exist to Verify Assets
A New Jersey appeals court holds that the state wrongly required a Medicaid applicant to produce information that did not exist to verify her assets and that the state should not have denied benefits for that reason. L.A. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-3368-17T3, Sept. 4, 2019). To read the full summary and click through to the full text, click here.
10. Attorney Accused of Charging Excessive Fees While Acting as Agent Under a POA Receives Two-Year Stayed Suspension
Ohio's highest court stays the two-year suspension of an attorney with a long, unblemished career who acted as his client's agent under a power of attorney while charging the same rate for legal and non-legal services and filed a declaratory judgment action against the client and others, seeking legal fees. Disciplinary Counsel v. Harmon (Ohio, No. 2018-0817, Oct. 15, 2019). To read the full summary and click through to the full text, click here.
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