Funds in Attorney Trust Account are Available Asset

Attorney Robert Dorszynski was appointed conservator of Dorothy Phillips and thereafter transferred $5,000 of her money into his attorney trust account for future fiduciary services. When Mr. Dorszynski applied for Medicaid on Ms. Phillips behalf, Oregon denied Ms. Phillips benefits, counting the trust fund money as an available asset.

In Dorszynski v. Dep’ t of Human Services (Or. Ct. App., No. 20071851, Oct. 27, 2010), the Oregon appeals court upheld the state’s determination, finding that Ms. Phillips still had a legal right to the funds because the advance payment was never approved by the court.

See Funds in Attorney Trust Account are Available Asset, ElderLawAnswers, Nov. 1, 2010.