In re Michael DeClerck
Jun 19, 2020OUTCOME: Remanded to Probate Court
Concerned the ability of the probate court to issue a support order directing the income of a Medicaid recipient to provide for his community spouse. Held that the spouse of a Medicaid recipient ma ... y pursue a spousal support claim instead of an administrative remedy under Medicaid law, but that the probate court must account for Medicaid law when deciding whether a spouse is entitled to support from an institutionalized spouse. In re Michael Declerck (Mich. Ct. App., No. 343483, June 18, 2019).