Legal Opinion

Iowa Department of Human Services v. Eral

Supreme Court of Iowa

Decided March 27, 2009No. 07-1142PublishedCited by 1 opinion

1Opinion of the Court

WIGGINS, Justice.

We must decide whether the district court correctly allowed the State to en*563force its Title XIX lien against a trust containing a spendthrift clause. Because we find the trust is a discretionary trust with standards, we conclude our common law allows the State to recover its lien for necessities supplied to the beneficiary from the trust, in spite of the spendthrift provision. We also conclude the lack of symmetry between Medicaid’s eligibility requirements and Medicaid’s ability to recover from an estate does not preclude recovery. Therefore, we affirm the decision of the…

2Cases cited3 opinions

  1. In Re Barkema TrustSupreme Court of Iowa · 2004
  2. Matter of Estate of DodgeSupreme Court of Iowa · 1979
  3. In Re the Estate of SerovySupreme Court of Iowa · 2006

3Cited by1 opinion

  1. In Re Estate of GistSupreme Court of Iowa · 2009

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