NAMI
National Alliance on Mental Illness
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©2014
 

NEW HAMPSHIRE

 

State Reporter: John S. Kitchen

395 Main Street
Lanconia, NH  03246
Phone:  (603) 524-5765
Fax:  (603) 524-5766
Email: jskitch@earthlink.net
Web site: www.johnkitchenlawoffices.com

Education: Bachelors of Arts, Williams College, 1969; Juris Doctor, Boston University Law School, 1973; LLM, Boston University Law School, 1999.

Current Position: Attorney.

Certifications: Accredited Estate Planner (AEP) designated by the National Association of Estate Planners and Councils (www.naepc.org).

Memberships:  Member of the Special Needs Alliance (www.specialneedsalliance.com), NH Bar Association Continuing Legal Education Committee.

Community Involvement:  Board of Governors, NH Bar Association (2001-2004); Board of Directors, NAMI-NH (1996-2000); NH Assistant General (1973-1979)

Articles:  Articles published by the National College of Probate Judges of Williamsburg, Virginia; the Research Institute of America (RIA), a New York law book publisher; the National Guardianship Association of Tucson, Arizona; and the New Hampshire Bar Association Journal of Concord, New Hampshire.

Your State's Social Security Region: Boston

Your State's Federal Circuit: First

General:

Does your State Have a Specific Special Needs Trust Statute or Discretionary Trust Statute?  Yes: NH Revised Statutes Annotated Chapter 564-B:5-505(a)(2)

Are there State-Specific:

Resources: Yes, rules more generous, see website: www.nh.gov

Administrative rules: Yes, see website:  www.nh.gov

Manuals/Standardized Forms: Manuals, see website:  www.nh.gov

Important Case Holdings: Yes:

Hanford v. Clancy 87 N.H. 458 (1936) (denial of claim by state hospital for recovery from third party discretionary trust established for person identified as having mental illness)

Lanoue v. Comm’r Soc.Sec. Admin. 146 N.H. 504 (2001) (recognizing 42 USC 1396p self-settled special needs trusts as part of New Hampshire public policy and allowing "heirs-at-law" to be named as subsequent beneficiaries)

Pronouncements:

Fiats:

Interpretations/Unusual interpretations of the law:  Some Medicaid workers try to restrict distributions beyond federal rules. e.g.: travel and summer camps.

Does the State run a tab? I.e., does the State track the cost of services to the beneficiary and present a bill if the individual inherits funds or otherwise acquires funds? Yes.

Does the State have specific statutes or regulations on County medical services and reimbursement of costs? Yes, see website:  www.nh.gov

Have You Seen Creative Uses of Charitable Remainder Trusts and SNT Receptacle Trusts? Yes.

Do you have a pooled trust in your state? Yes, Enhanced Life Options Group, see website:  www.elonh.org

Social Security Rules: 

When a third party (such as a parent or other individual) funds a trust for another person (the "beneficiary") with the third party’s funds, what special rules does your SSA region have on:

Distribution terms: No major issues.

Accounting/Reports/Notices: Case by case basis.

Housing: No unusual issues.

Remainder Beneficiaries:  No issues in New Hampshire due to Lanoue v. Comm’r Soc.Sec. Admin. 146 N.H. 504 (2001).

When an individual funds a trust with his or her own funds, using the authority provided under 42 U.S.C 1396p(d)(4)(A), what special rules does your SSA region have on:

Distribution terms: No major issues.

Accounting/Reports/Notices: Case by case basis.

Housing: No unusual issues.

Remainder Beneficiaries: No issues in New Hampshire due to Lanoue v. Comm’r Soc.Sec. Admin. 146 N.H. 504 (2001)..

Are you aware of specific issues regarding housing (purchase, maintenance, utilities, gifts of housing, rentals) that have raised questions or caused problems with your state agencies or SSA office? No major issues.

Are you aware of certain types of distributions that are likely to raise questions or cause problems with one of your state agencies or SSA office? Federal travel rule and summer camps.

 

Medicaid Rules:

When a third party (such as a parent or other individual) funds a trust for another person (the "beneficiary") with the third party’s funds, what Medicaid related considerations are involved?

Distribution terms: Some Medicaid workers try to restrict distributions beyond federal rules.  e.g.:  travel and summer camps.

Accounting/Reports/Notices: Case by case basis.

Housing: No unusual issues.

Remainder Beneficiaries: No issues.

When an individual funds a trust with his or her own funds, using the authority provided under 42 U.S.C 1396p(d)(4)(A), what Medicaid related considerations are involved?

Distribution terms:  Some Medicaid workers try to restrict distributions beyond federal rules e.g.: travel and summer camps.

Accounting/Reports/Notices:  Case by case basis.

Housing:  No unusual issues.

Remainder Beneficiaries:  No issues.

 

Department of Mental Health and Mental Retardation Rules:

When a third party (such as a parent or other individual) funds a trust for another person (the "beneficiary") with the third party’s funds, what requirements does the Department of Mental Health and Mental Retardation have for:

Distribution terms:  Some Medicaid workers try to restrict distributions beyond federal rules e.g.: travel and summer camps.

Accounting/Reports/Notices: Case by case basis.

Remainder Beneficiaries: No issues.

 

Are third-party trusts liable for services provided by State Schools or State Hospitals?  No, based on Hanford v. Clancy 87 N.H. 458 (1936).

How does the State Mental health, Mental retardation agency treat self-settled trusts? Similar to above Medicaid treatment.

 


State Reporters are not sponsored nor endorsed by NAMI, but have volunteered to provide information. Many of the State Reporters are members of the National Academy of Elder Law Attorneys (NAELA) and the American Bar Association. Several are members of ACTEC (the American College of Trust and Estate Counsel). Many have children and other family members with disabilities. Most have been selected by other attorneys involved with this project, because of their recognized long-term involvement with special needs trusts.

NAMI does not, however, certify all information provided here is accurate. Further, the State Reporters do not certify that information provided by others is accurate. As for the State-specific information, each State Reporter has agreed to provide reasonable updates of information that they believe to be accurate.

Also, there is no coverage here of federal laws, veterans administrations rules, Section 8 housing rules, special education, or special county rules.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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