In Re the Guardianship & Conservatorship of Watkins

Gernon, J.:

This is an appeal by a conservator from a district court order which denied the establishment of irrevocable trusts for two conservatees.

The issue on appeal is whether Kansas conservatorship law, which prohibits a conservator from making decisions regarding the distribution of a conservatee’s property after death, conflicts with 42 U.S.C. § 1396p(d)(4)(A) (1994), which provides that an irrevocable trust established in compliance with the statute must provide that upon the death of the recipient/beneficiary, the remaining trust assets, if any, be used to reimburse the State to the…