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Barham v. Rubin8/19/1991
brella trust to receive and disburse RSFPP funds. The trust document stated its purpose was to receive and disburse funds available to Hatcher through RSFPP "as a supplement to, and not a substitute for, any funds received from any public agent[.]" The guardian in that case protested the department's determination that the trust was an MQT. The guardian argued that it, not Hatcher, established the trust, therefore it was not a trust established by the individual for his own benefit.
The appellate court affirmed the department's decision, pointing out that the guardian "was merely managing property already belonging to [Hatcher]." Id. at 402. The court stated:
[The guardian's] subsequent actions in creating a trust and restricting the availability of the funds, while obviously in appellant's best interest, should not be interpreted as establishing a non-grantor trust , exempt from medicaid eligibility considerations. This is so, because recipients of public assistance should not be able to avoid the spirit of the law by use of a guardian.
Id. at 402 (emphasis in original).
The fact that the trust in Hatcher was established by a guardian, and in this case by a probate court, as settlor, is inconsequential. In both cases, the trust property already belonged to the beneficiary.
We concur with Hatcher , therefore, we hold that trust income and assets are "resources" which Phillip must "spend down" before becoming eligible for medicaid assistance.
Affirmed.
Disposition
Affirmed.
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