Irrevocable Trust Counts for Medicaid in Massachusetts

Elder Law Answers has posted a new article entitled Irrevocable Trust Forbidding Distribution of Corpus is Still Countable by Medicaid, June 28, 2009. 

The article discusses Doherty v. Director of the Office of Medicaid, No. 08-P-939 (Mass. App. Ct., Essex, June 18, 2009), in which the court held that “although an irrevocable, income-only trust expressly prohibits distributions of principal, other provisions in the trust could conceivably permit the trustees to invade trust assets, and thus the trust is countable for Medicaid purposes.”