(DOWNLOAD) "Matter Keith W. Kindt" by Court of Appeals of Minnesota # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Keith W. Kindt
- Author : Court of Appeals of Minnesota
- Release Date : January 16, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Pursuant to 42 U.S.C. § 1396a(k), an incompetent individual's trust is a Medicaid qualifying trust if it is funded by assets that are intended to settle the individual's tort claims and that become the property of the individual's heirs upon his or her death. The amount of trust assets deemed available to the individual includes that which the trustee could, in its discretion, distribute to the individual in the absence of medical assistance benefits. SHORT, Judge This matter involves a determination that Keith Kindt is financially ineligible for medical assistance (MA) due to the availability of trust assets. On appeal, Keith Kindt's former spouse and guardian, Kim Kindt (Kindt), argues the Commissioner of Human Services erred as a matter of law in concluding (1) the county's benefit termination letter complied with the notice requirements of the Due Process Clause, and (2) Keith Kindt's trust is an available asset for purposes of determining MA eligibility.
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