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Show Page 3 MARCH 1,2007 THE GARFIELD COUNTY INSIDER DISCLAIMING INHERITANCE TO THWART MEDICAID? LOOKING- FOR A LOO HOME? r.r.r.w.w Log Siding Paneling Beams beautiful Wue Stain Swedish Cope Fine Logs YOU MW IT! WE'LL CUT IT! Phone; 455-836-2426 Fax: 435-836-242* Call for a brochure. ORDER YOUR QUADRAHRE PELLET STOVE TODAY! Before the Clean Air Acttookeffect, there were more than 500 wood stove manufacturers around the country. In 1985, almost all of them stopped making stoves rather than adapt to the more stringent regulations. Most of those that remained turned to catalytic combustion as a solution. But the company now called Quadra-Fire chose instead to look at wood burning in an entirely new way. After nearly two years of research and development, founders Alan Trusler and Dan Henry developed and patented the Quadra-Bum system that bums and rebums gases and smoke up to four times. The technology set a new standard for clean, fuel-efficient heating with wood. And because it is non-catalytic, the system does not degrade in performance overtime. In fact, for the past 15years, the EPAhas rated our wood stoves as the cleanest burning in the world. Whether fueled by wood, gas, pellets or com, each Quadra-Fire stove is designed with a mind toward efficiency and an eye toward beauty. We put great care into every product, using thick steel and design details that both enhance appearance and keep the stove looking new for many, many years. Efficient, reliable, easy-to-use, and environmentally friendly, QuadraFire is always the smart choice for alternative-energy home heating. THE ELDERLAW FORUM . ...^....Professor Michael Myers There are times when a person may the estate within a specified time, usuwish to avoid the opportunity to receive ally within nine months of the death of property or money; to reject an inherit- the grantor. ance; to simply say, "No, thank you." She may disclaim; however, most One of those times may be when you states will treat the disclaimer as a are a Medicaid beneficiary and living in "transfer of assets" and impose a "pena nursing home. "Can she disclaim? alty period" during which Medicaid payShould she disclaim? And what happens ments would be suspended. A Maryland if she does disclaim?" asked an accoun- court ruled that the failure to disclose a tant who contacted the senior legal disclaimed asset:"may wpJLjesuJt ug^&e unjust enrichment of.those who surrephelpline. He called on behalf of his mother- titiously dine upon the fruits of inheritin-law, age 86. She resides in rural nurs- ance while cloaked in the veil of noning home where she has been for the disclosure." On the other hand, the Iowa Supast five years and expects to live out her life. To date, Medicaid has paid ap- preme Court ruled in 1999 that Iowa's proximately $ 134,000 for her care. Three disclaimer provisions "do not include remonths ago an aunt died, bequeathing strictions involving claims for Medicaid her an interest in certain stocks and bonds payment," ruling that a person may disexpected to produce a long term cash claim for the express purpose of thwartstream of $6,000 to SI 2,000 per year. ing Medicaid. Our 86-year-old lives in a state that The money will not increase the qual- has a regulation stating that a Medicaid ity of her life. It will simply offset the recipient must avail herself of assets such government's expense under the Med- as insurance, annuities, bonds and other icaid program. She would like to step sources of cash. It does not specifically aside and permit the inheritance to go address the disclaimer of interest in an directly to two nieces. inheritance. Under common law, persons Inheritance law allows persons to re- who disclaimed were treated as though nounce their legal right to benefit from they had died before the trust or will came an inheritance under a will, through in- into effect. In this case our Medicaid testacy, or through a trust. The "dis- beneficiary is alive. The law is mixed. A claimer of interest" must be in writing disclaimer \v\{y\$£]yfycp$]j$Qa\ffii\ and submitted to the court overseeing lenge. Make The Smart Choice'" for your testing needs. FREE METER Upgrade Opportunity GOOD NDGHBOA PHARMACY 435-676-2212, 95 E. Center St. Panguitch, UT 84759 GREAT FEATURES; • Tiny blood u m p l o — just 1 microlitwr • Easy to us* — 2 simplv steps - Fast rosultft - only 1O M c o n d i • 365-t«st m«mory • Dote and ttma " 14- and 30-day avaraging • Capillary-action test • Uploading capability Castille MXVERNON SANTA FE Heating Capacity: up to 1,500 sq.ft.BTU Output 8,000-30,000 Hopper Capacity: 40 lbs. Fuel: Wood Pellets/Shelled Com Particle Emission: 0.7 grams/hour Weight 258 lbs. Heating Capacity: up to 3,000 sq. ft. BTU Output: 15,000 to 60,000 Burn Rate: 2.5 - 7.0 lbs/hour Hopper Capacity: 83 lbs. Fuel: Wood Pellets/Shelled Com Particle Emissions: 0.9 grams/hour WeighL'416lbs. Heating Capacity: up to 1,500 sq.ft. BTU/Hour Output: 8,000 - 30,000 Bum Rate: 1.5 to 4 lbs./ hr. Hopper Capacity: 52 lbs. Partiajlate Emissions: 0.7 grams/hr. Weight 237 lbs. • T»st strip* are eovar»d by Medicare, most MadJcaid and third party plans — s«« pharmacist for details See your pharmacist for details. WHEN YOU BUY Onod N ^ M m TrwTrufc Irnni lyiiani"ftiart*rKIT H H 1 OR Oood FUgSbw TYwTrack U c i . Twi Snips |