Special Needs and Elder Law Update 2024Special Needs and Elder Law Update 2024
A rundown of recent court decisions.
Over the past year, courts have considered various issues involving Medicaid eligibility, advance directives and supplemental needs trusts (SNTs). Here’s a rundown of some recent court decisions.
Medicaid Home Exclusion
The Supreme Court of Texas tackled the issue of whether an interest in property purchased after entering a nursing facility qualifies as a “home” that should be excluded for Medicaid eligibility purposes. The individuals applying for Medicaid weren’t currently residing in the property as their primary residence and hadn’t lived there for seven years before entering a nursing facility.1
Federal law provides that a primary home is excluded when determining the assets available to the individual applying for Medicaid.2 A home ...
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