G.W. v. Department of Children and Families
DCF denied an applicant's Institutional Care Program Medicaid benefits by counting the cash value of four life insurance policies she had assigned to her son via a durable power of attorney, on the ground that the insurer never verified the ownership transfer before her death. The Second DCA reversed, holding that a validly executed assignment of a life insurance policy is effective upon execution and does not depend on the insurer documenting or verifying the change of ownership. Because the policies were no longer owned by or available to the applicant, their cash value could not be counted toward the asset limit.
Key facts
- Applicant assigned four life insurance policies to her son via durable power of attorney and later applied for Institutional Care Program Medicaid benefits.
- DCF denied the benefits by counting the cash value of the policies toward the asset limit, reasoning that the insurer never verified the ownership transfer before the applicant's death.
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Why it matters
The opinion supplies a clean holding that assignments of life insurance policies are effective upon execution regardless of the insurer's internal recordkeeping or verification, rejecting the argument that section… — full analysis with a trial
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