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.
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