I talk about this case as encouragement for you Elder Law Attorneys out there helping your clients and the State Medicaid authority says you are doing it wrong. I used to think that “The State” was all knowing and if they said I did something wrong, then I must have been at fault.
I quickly learned that they have an agenda and they may not know the rules a well as you do. If you really know the rules, I'm going to say you know the rules better than most of them. This podcast shows how the State of Minnesota tried to undo Federal Law in a Statute and the Commissioner was called out for trying to make a legitimate Irrevocable Trust that followed Federal Law a countable resource. The Appellate Court called them out on it and it's beautiful. This case should encourage you to fight the fight and not to back down if you know you are right and the State is wrong.