In re Corn

I dissent. James Corn has attempted an end-run around federal Medicaid law and Arkansas trust law. While I agree with the majority that the trial court erred in its particular analysis, I. would still affirm the circuit court because, as a matter of law, the trust cannot be created in this case. . First, a “D4A” trust cannot be self-settled. Second, the circuit court cannot settle a trust, in the first instance, with assets that are controlled by someone else.

Neither Corn nor the majority makes any attempt to describe how we should review this case.1 In any event, courts of equity…