Loan By Nursing Home Resident to Daughter Not An Available Resource.

The plaintiff resided in a nursing home and loaned her daughter $98,000 in exchange for a promissory note.  The note was not assignable and could not be sold.  After making the note and promissory note, the plaintiff applied for Medicaid. The state Medicaid agency determined that the note was an available resource as a "trust-like" device.  On appeal, the state administrative agency affirmed on the basis that the note was a "trust-like" device or because it was an uncompensated transfer.  On further review, the court reversed on the basis that the note could not be converted into cash.  No transfer penalty applied because the court determined that the note was actuarially sound.  Frantz v. Lake, No. CIV-14-117-W, 2014 U.S. Dist. LEXIS 116916 (W.D. Okla. Aug. 22, 2014).

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