Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Tuesday, December 5, 2017

Limiting State Medicaid Agency Attempts to Expand the “Any Circumstances” Test: An Analysis of Massachusetts’ Multiyear Legal Battle Over the Use of Irrevocable Trusts in Long-Term Care Planning

image from https://s3.amazonaws.com/feather-client-files-aviary-prod-us-east-1/2017-12-05/f6368f9c-8601-416f-b71e-60c12ba4f175.pngThe use of irrevocable trusts as a tool for long-term care planning has historically been problematic. Though the federal Medicaid statute allows for the use of such trusts, Congress, along with state and federal courts, has not taken kindly to their real-world application. The past few years have seen increasing conflict between individuals wanting to use this planning measure and state Medicaid agencies. Trust litigation in Massachusetts, where appellate court decisions regarding Medicaid cases have a far-reaching impact, has shown that zealous advocacy on the part of elder attorneys may continue to push courts to more fairly and consistently apply federal law.

See Lisa M. Neely, Limiting State Medicaid Agency Attempts to Expand the “Any Circumstances” Test: An Analysis of Massachusetts’ Multiyear Legal Battle Over the Use of Irrevocable Trusts in Long-Term Care Planning, NAELA News, 2017.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.) for bringing this article to my attention.

http://lawprofessors.typepad.com/trusts_estates_prof/2017/12/limiting-state-medicaid-agency-attempts-to-expand-the-any-circumstances-test-an-analysis-of-massachu.html

Elder Law, Estate Planning - Generally, Trusts | Permalink

Comments

Post a comment