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Speaker Law

Posted: May 15, 2019, 4:06 PM
The fact that a “Solely for the Benefit” (SBO) trust (1) includes former assets of a spouse who is now institutionalized and (2) allows the trustee to make payments to the non-institutionalized spouse does not automatically make the SBO trust assets countable for purposes of determining the institutionalized spouse’s Medicaid eligibility, the Michigan Supreme Court has ruled.
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Posted: Jan 2, 2018, 2:30 PM
In three consolidated cases, Hegadorn v DHHS, No. 329508, the court looked at the individual funding of long-term care under Medicaid deciding that assets placed by an institutionalized individual’s spouse into a “Solely for the Benefit of” Trust (“SBO Trust”) are countable assets for determining whether the institutionalized individual is eligible for Medicaid benefits.
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