HB 1213 – AS INTRODUCED
2010 SESSION
05/03
HOUSE BILL 1213
AN ACT relative to notice to the department of health and human services of the allocation of spousal income and relative to estate planning by guardians.
This bill provides notice to the department of health and human services of divorce proceedings involving spousal support in cases where either party is a recipient of medical assistance. The bill also permits the guardian to allocate income between the ward and spouse in proceedings before the probate court.
This bill is a request of the department of health and human services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2674
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to notice to the department of health and human services of the allocation of spousal income and relative to estate planning by guardians.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Medical Assistance Recipient; Notice of Petition for Spousal Support to Department of Health and Human Services. Amend RSA 458 by inserting after section 19-a the following new section:
458:19-b Medical Assistance Recipient; Notice of Petition for Spousal Support. If the petitioner or respondent is a recipient of medical assistance under the state Medicaid program, the petitioner shall serve the department of health and human services with a copy of any petition for spousal support filed under this chapter, and the department shall have legal standing to participate and intervene in such action.
2 Estate and Income Planning by Guardian. Amend RSA 464-A:26-a, I and II to read as follows:
I. The probate court may authorize the guardian of the estate to make lifetime gifts, to allocate income, and/or to plan for the testamentary distribution of the ward’s estate consistent with the ward’s wishes. If the ward’s wishes cannot be ascertained, the probate court may authorize the guardian of the estate to plan for the testamentary distribution of the ward’s estate in order to minimize taxation or to facilitate distribution of the ward’s estate to family, friends, or charities who would be likely recipients of gifts from the ward.
II. Before authorizing a guardian to make lifetime gifts or to allocate income, the probate court shall consider the ward’s present and anticipated future expenses for maintenance, support, and medical care, any current or future debts of the ward, and any duty or legal obligation of the ward to support a spouse or dependent family members.
3 Estate and Income Planning by Guardian. Amend the introductory paragraph of RSA 464-A:26-a, III and RSA 464-A:26-a, III(a)-(b) to read as follows:
III. The guardian of the estate shall petition the probate court for authorization to make lifetime gifts, to allocate income, and/or to plan for the testamentary distribution of the ward’s estate. This petition shall include the following information:
(a) A description of the proposed action;
(b) The anticipated results including any income, estate, or inheritance tax savings, and, if the gift is being made in order to qualify the ward for Medicaid, [any resulting] whether the action will maximize payments by Medicaid for the ward’s care or result in a period of Medicaid disqualification;
4 Estate and Income Planning by Guardian. Amend RSA 464-A:26-a, VI and VII to read as follows:
VI. The probate court, prior to authorizing a lifetime gift or an allocation of income to the ward’s spouse, shall appoint a guardian ad litem if the proposed gift benefits the guardian personally or otherwise creates a potential conflict of interest between the ward’s interests and the guardian’s personal interests.
VII. The department of health and human services, the county attorney, and the department of justice shall be notified and shall have the opportunity to address the court in any proceeding under this section if the court has concerns relative to:
(a) The impact on the ward of any period of Medicaid ineligibility that would result from the proposed gift; [or]
(b) Whether the ward has been the victim of a crime or has been or is at risk of being abused, neglected, or exploited within the meaning of RSA 161-F:43[.]; or
(c) The cost of the ward’s care to be paid by Medicaid as the result of the proposed gift or asset reallocation.
5 Effective Date. This act shall take effect upon its passage.