By: Daily Record Staff//September 21, 2023
By: Daily Record Staff//September 21, 2023//
New York State Supreme Court, Appellate Division, Fourth Judicial Department
Uncompensated transfers – Hardship waiver
Transferred from Supreme Court, Oneida County
Background: The petitioners commenced an Article 78 proceeding seeking to annul the determination of the respondent that the decedent made uncompensated transfers during the look-back period.
Ruling: The Appellate Division confirmed. The court held that the decedent’s son made the uncompensated transfers on behalf of the decedent as power of attorney for her, rather than in his capacity as the executor of his father’s estate. Those transfers were made in order for the decedent to qualify for Medicaid. The Appellate Division further held that the determination with respect of the effective date of an undue hardship waiver was not arbitrary as the petitioner received notice but did not apply until nearly a year later. The hardship waiver could not extend more than three months prior to the month in which the application for the waiver was made.
Jennifer Sweeney, of Cowart Dizzia, for the petitioners; Brian Lusignan, of the NYS Office of the Attorney General, for the respondent.