Estate of Sarah M. Davenport, Deceased, Richard Davenport, Executor - Page 27

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          provided for a “‘trust fund to be established in * * * [the                 
          child’s] behalf’”.  Id.  During the settlement process, a number            
          of checks were issued, payable to various combinations of the               
          child, his conservator, and his parents, and an annuity was                 
          assigned to the child, through his conservator, and to his                  
          parents, “individually”.  Id.  The annuity and portions of the              
          lump-sum payments were placed in the trust.  Id.                            
               The question before the court was whether the trust was a              
          “Medicaid qualifying trust” under 42 U.S.C. sec. 1396a(k)(2)                
          (1988), such that the trust estate would be deemed “available” to           
          the child and would eliminate his eligibility for health care               
          benefits from the State.  Id.  As pertinent there, the trust                
          would meet the statutory definition of qualifying only if the               
          child were considered to have established or created the trust.             
          Id. at 565-566.  On the facts presented, the court in Kegel v.              
          State, supra at 567-568 concluded:                                          
                    There is nothing in the record to support a                       
               finding or conclusion that * * * [the child] or his                    
               conservator was entitled to any particular portion of                  
               the proceeds.  The record indicates that his parents                   
               and the conservator acted jointly in deciding upon a                   
               trust as a vehicle for managing the funds they                         
               anticipated as a result of the settlement.  To the                     
               extent the parents funded the trust with their share of                
               the settlement proceeds, the Department appears to                     
               concede that the trust was not a Medicaid qualifying                   
               trust. * * *                                                           
                         *    *    *    *    *    *    *                              
                    The creation of this trust involved multiple                      
               grantors.  * * * [The child] never had unrestricted                    





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