In re Shah
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bracken, J. P.
The Supreme Court held that Mental Hygiene Law article 81 authorizes a guardian, appointed on behalf of an allegedly incapacitated person (hereinafter AIP), to transfer the AIP’s assets to that person’s spouse for the essential purpose of allowing the spouse to then refuse to use those assets for the payment of the costs associated with the AIP’s long term care. The petitioner, who seeks appointment as guardian, assumes that under New York law such a refusal would not disqualify the AIP from eligibility for Medicaid. We agree that such a disposition of the…
2Cases cited11 opinions
- Schicchi v. J. A. Green Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Golf v. New York State Department of Social ServicesNew York Court of Appeals · 1998
- MTR OF GOMPRECHT v. GomprechtNew York Court of Appeals · 1995
- In re John XX.Appellate Division of the Supreme Court of the State of New York · 1996
- MTR. OF SCHACHNER v. PeralesNew York Court of Appeals · 1995
6 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Tagle v. JakobNew York Court of Appeals · 2001
- KeySpan Gas East Corp. v. Munich Reinsurance America, Inc.New York Court of Appeals · 2014
- Cohen v. Shopwell, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- City of New York v. HommesNew York Court of Appeals · 1999
- National Ass'n for the Advancement of Colored People v. Acusport, Inc.District Court, E.D. New York · 2003
40 more not listed; retrieve them via the Exa API.