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ARKANSAS

 

State Reporter:   Raymon B. Harvey


650 S. Shackleford Rd., Ste. 400
Little Rock, AR  72211
Phone:  (501) 221-3416
Fax:  (501) 221-2689
Email: info@arkansaselderlaw.com 
Website:
 www.arkansaselderlaw.com

Education:  Juris Doctor, Memphis State University, 1988.

Current Position:  Attorney

Certifications: 

Memberships:  National Academy of Elder Law Attorneys, Arkansas Bar Association, Arkansas Trial Lawyers Association, Arkansas Gerontological Society (Board Member and Fellow) and Special Needs Alliance

Community Involvement: 

Articles:

Your State's Social Security Region:  Southwest Region, Dallas Region

Your State's Federal Circuit:  Eighth

 

General:

Does your State Have a Specific Special Needs Trust Statute or Discretionary Trust Statute?  No.

Are there State-Specific:

Resources: 

Administrative rules: 

Manuals/Standardized Forms:  

Important Case Holdings:

Pronouncements:

Fiats:

Interpretations/Unusual interpretations of the law:

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?

Does the State have specific statutes or regulations on County medical services and reimbursement of costs?

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

Do you have a pooled trust in your state?  Yes.

 

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:

Accounting/Reports/Notices:

Housing:

Remainder Beneficiaries:

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:

Accounting/Reports/Notices:

Housing:

Remainder Beneficiaries:  Must be named or read "children," "issue," or "descendants."  Cannot be "heirs" or "next of kin".

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.

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?  No.

 

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:

Accounting/Reports/Notices:

Housing:

Remainder Beneficiaries:

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:

Accounting/Reports/Notices:

Housing:

Remainder Beneficiaries:  Must be named or read "children," "issue," or "descendants."  Cannot be "heirs" or "next of kin".

 

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:

Accounting/Reports/Notices:

Remainder Beneficiaries:

Are third-party trusts liable for services provided by State Schools or State Hospitals?

How does the State Mental health, Mental retardation agency treat self-settled trusts?  Same treatment as d4A trusts.


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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