Lewis v. ALexAnder ViNdiCates PrimaCy of federal law of sPeCial Needs trusts

Landsman, Ron M.
October 2012
NAELA Journal;Oct2012, Vol. 8 Issue 2, p233
Academic Journal
The article discusses a court case of Lewis v. Alexander that was decided by the Third Circuit of the U.S. Court of Appeals and which the court stroked down of the decisions made by the U.S. district court based on a statute of Pennsylvania related to the restrictions imposed on the use of limited trust retention of postmortem accounts and pooled special needs trust accounts (PSNT) to 50 percent. The issues related to declaratory and injunctive relief in case of putative class action filed by several individuals are discussed. The challenges related to the comparability argument with reference to the U.S. Medicaid statutes are also discussed.


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