In the Matter of James S. Corn, a Disabled Person

Summary

The Supreme Court of Arkansas reversed and remanded the denial of James Corn’s petition to establish a federal Medicaid special-needs trust. It held that a qualifying D4A trust is not contrary to Arkansas public policy merely because it preserves eligibility for public benefits, and that Corn presented sufficient evidence of his disability. The court remanded for determination of whether the proposed trust otherwise satisfies the federal statutory requirements. Justice Wood, dissenting, would have affirmed because the trust could not be self-settled with assets owned and controlled by Corn.