Miller v. State Department of Social & Rehabilitation Services

The opinion of the court was delivered by

NUSS, J.:

This case involves the interpretation of Medicaid statutes, as well as Edward Miller s will and its pourover trust created for the lifetime benefit of his surviving spouse, Mary Sylvia Miller. At issue is whether the State of Kansas Department of Social and Rehabilitation Services (SRS) should consider any part of the trust principal to be a resource available to Mrs. Miller when considering her application for Medicaid benefits after her husband’s death. An SRS case manager, a presiding officer from the SRS Office of Administrative Hearings,…