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Massachusetts Medicaid Trust Law

Research MassHealth fair hearing decisions and legal positions taken by Office of Medicaid on trusts

Category: issue: settlor is sole vested lifetime beneficiary

Appeal 1900215 & 1905447

Fair Hearing Decision 1900215 & 1905447

The MassHealth agency had issued a denial that included trustee compensation as one of the reasons, then the lawyer representing the agency waived the issue; see pages 5 and 22 of the decision. (Does the MassHealth agency really believe it is entitled to enforce its legal positions selectively?)

Posted on May 29, 2019July 16, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: availability of principal to others does not mean it is available to grantor, issue: children are contingent beneficiaries only, issue: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: presumption in federal law of countability of trusts, issue: settlor is sole vested lifetime beneficiary, issue: trustee compensation, MassHealth memo available, Paul Moore, Response to MassHealth memo available, Taunton

Appeal 1507558

Fair Hearing Decision 1507558

Posted on September 15, 2015February 24, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: children are contingent beneficiaries only, issue: power of appointment, issue: power of appointment to charity, issue: retained control over trust, issue: settlor is sole vested lifetime beneficiary, issue: trustee ability to allocate between principal and income, Radha Tilva, Tewksbury

Appeal 1404746

Fair Hearing Decision 1404746

Posted on December 4, 2014May 14, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: children are contingent beneficiaries only, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: intended grantor trust treatment, issue: language ignored if it defeats Medicaid eligibility standards, issue: language not disregarded just because it renders principal unavailable, issue: life estate in trust, issue: power of appointment, issue: power of appointment to charity, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: settlor is sole vested lifetime beneficiary, issue: usage of home renders it available, Tewksbury, Thomas J. Goode

Appeal 1402348

Fair Hearing Decision 1402348

April 1, 2014 MassHealth memo; Appeal 1402348

Posted on May 19, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to make unsecured loan, issue: basic common law and statutory laws of trusts not unchanged by Medicaid law, issue: can invest in annuities, issue: children are contingent beneficiaries only, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: life estate in trust, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: settlor is sole vested lifetime beneficiary, issue: termination argued to be same as revocable, issue: veto power over sale of real estate, MassHealth memo available, Springfield

Appeal 1402476

Fair Hearing Decision 1402476

Posted on April 15, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: children are contingent beneficiaries only, issue: no allowable principal distributions to any party, issue: nominee trust, issue: power of appointment, issue: retained control over trust, issue: settlor is sole vested lifetime beneficiary, issue: trustee removal power, Susan Burgess-Cox, Tewksbury

Appeal 1403093

Fair Hearing Decision 1403093

Posted on April 4, 2014October 2, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: previous approval of trust, issue: settlor is sole vested lifetime beneficiary, Samantha Kurkjy

Appeal 1201761

Fair Hearing Decision 1201761

Posted on June 4, 2012October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: children are contingent beneficiaries only, issue: life estate in trust, issue: nominee trust, issue: settlor is sole vested lifetime beneficiary, issue: termination argued to be same as revocable, Rebecca Brochstein, Tewksbury

Categories

Fair Hearing Decisions
Fair Hearing Process
Hearing Location
- Chelsea
- Revere
- Springfield
- Taunton
- Tewksbury
Hearing Officer
hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
Special needs trust
Statutes and Cases for Appellants
Superior Court proceedings

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