Legal Opinion
Opinion No.
Arkansas Attorney General Reports
Decided December 17, 2008Published
1Opinion of the Court
The Honorable David Johnson State Representative 1704 North Harrison St. Little Rock, AR 72207-5324
Dear Representative Johnson:
I am writing in response to your request for an opinion on how a "special-needs trust" established by a third-party, with the third-party's assets, impacts the beneficiary's eligibility for Medicaid.1 You present the following question:
Specifically, is a third party grantor special needs trust a countable resource of a Medicaid applicant if (1) the trust is funded with assets that are not the applicant's, (2) the trust is created and funded by an individual, other…
2Cases cited13 opinions
- Hecker v. Stark County Social Service BoardNorth Dakota Supreme Court · 1995
- Bailey v. Delta Trust & BankSupreme Court of Arkansas · 2004
- Cranfill v. Union Planters Bank, N.A.Court of Appeals of Arkansas · 2004
- In Re Leona Carlisle Trust Created Under the Trust Agreement Dated February 9, 1985Court of Appeals of Minnesota · 1993
- Hardy v. HardySupreme Court of Arkansas · 1954
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