Legal Opinion

Roselyn Ford v. Department of Health and Human Services

Michigan Supreme Court

Decided May 9, 2019No. Docket 156132; Docket 156133; Docket 156134; Calendar 3PublishedCited by 16 opinions

1Opinion of the CourtBernstein, J.

**237In these consolidated cases, the individual plaintiffs1 were elderly women receiving long-term care in nursing homes. In each case, the plaintiff, an "institutionalized spouse,"2 began receiving long-term care *574at a nursing home at her own expense. One **238to two months later, each plaintiff's husband, a "community spouse,"3 created an irrevocable trust that was solely for his own benefit. Such a trust is commonly called a "solely for the benefit of," or "SBO," trust.4 The couples then transferred a majority of their individual and marital property to each SBO trust or its trustee,…

2Cases cited23 opinions

  1. Russello v. United StatesSupreme Court of the United States · 1983
  2. Schweiker v. Gray PanthersSupreme Court of the United States · 1981
  3. Farrington v. Total Petroleum, Inc.Michigan Supreme Court · 1993
  4. Arkansas Department of Health & Human Services v. AhlbornSupreme Court of the United States · 2006
  5. Rovas v. SBC MichiganMichigan Supreme Court · 2008

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3Cited by16 opinions

  1. Assn of Home Help Care Agencies v. Dept of Health & Human ServicesMichigan Court of Appeals · 2020
  2. Deborah Henderson v. Dept of Health and Human ServicesMichigan Court of Appeals · 2023
  3. Dock Farish v. Department of Talent and Economic DevelopmentMichigan Court of Appeals · 2021
  4. Eric M Hartfiel v. City of EastpointeMichigan Court of Appeals · 2020
  5. Estate of Charla Brown v. Department of Health and Human ServicesMichigan Court of Appeals · 2026

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