Seidenberg v. Weil

No. 95-WY-2191-WD (D. Colo. Nov. 6, 1996). ; Clearinghouse Number: 51586

Description

Unavailable Trust Not Countable for Medicaid Purposes

Abstract

The district court has granted plaintiff’s motion for summary judgment in this action challenging defendant Colorado Department of Health Care Policy and Financing’s decision to deny plaintiff’s application for Medicaid benefits. Plaintiff, 51, is developmentally disabled with bipolar disease and diabetes. She inherited half of his father’s estate in trust. Finding that she has excess resources, defendant denied her application for Medicaid benefits to cover the costs of her nursing home care. Defendant counted the corpus of the trust in determining her eligibility for Medicaid. On appeal, plaintiff alleged that the trust was unavailable to her for Medicaid purposes. The court agreed; plaintiff could not compel the trustee under the terms of the trust to make distributions to her. Her father’s will gave the trustee (plaintiff’s brother) "sole discretion" to make distributions. The court rejected defendant’s argument that the will created a general support trust obligating the trustee to make distributions for plaintiff’s general care.

Additional Information

Attorney Information
Plaintiffs represented by Bernard A. Poskus, Law Offices of Bernard A. Poskus, P.C., 3300 E. First Ave., Suite 370, Denver, CO 80206; (303) 321-5544.
Docket Date
1996-11-06 00:00:00+00:00