Sally Kingery v. Department of Social Services, Division of Legal Services
Jan 01, 2013OUTCOME:
Ms. Sally Kingery created the Sandra McDonald Sole Benefit Trust ("Trust") on September 13, 2011. Ms. Kingery subsequently transferred all of her assets into this Trust. Ms. Kingery applied for MO He ... althNet benefits in October of 2012. On January 31, 2013, Ms. Kinger'ys MO HealthNet application was denied for transfer of real or personal property. Petitioner filed this appeal. The State argued that the Trustee had the ability to provide for the benefit of other individuals besides the beneficiary of the sole benefit trust. The Petitioner created this Trust using the enabling law, HCFA 64, and incorporated those requirements into the Trust, exactly as provided for under HCFA 64. The Trust is now required to follow the provisions of the Trust which require him to act for the sole benefit of the primary beneficiary. There are no beneficiaries other than the primary beneficiary, and the Trustee would be violating his fiduciary duty if he provided for any person or entity to benefit from this Trust. He is obligated to provide only for the benefit of Sandra McDonald and if anyone else is benefited, that action could not possibly be in the best interests of Sandra McDonald, because that of course, would jeopardize her eligibility for government benefits. That is, to act in the best interests of Sandra McDonald is to act for her sole benefit.
