Evans v State of Illinois

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (4th) 121082
Decision Date: 
December 24, 2013
District: 
4th Dist.
Division/County: 
Sangamon Co.
Justice: 
POPE
Holding: 
Affirmed.
DHS granted application for Medicaid assistance filed by resident of long-term health care facility, but imposed penalty periods of noneligibility, citing nonallowable asset transfers of four months after application, when applicant purchased life insurance policy, then created irrevocable trust funded by policy, and wrote $4000 check to applicant’s daughter, who was her POA. DHS properly used application date to calculate one-month penalty period for nonallowable $4000 transfer. DHS properly considered life insurance policy purchase nonallowable transfer, as at time trust was created, potential existed for full amount of policy to be diverted from paying funderal expenses. (KNECHT and STEIGMANN, concurring.)