Probate of Marcus
In Probate of Marcus, 199 Conn. 524, 509 A.2d 1, 5 (Conn. 1986) the Supreme Court of Connecticut concluded that where the conservatrices were personally liable for unauthorized dispositions from an estate, the estate's legal right to have them restore the unauthorized dispositions to the estate rendered the improperly distributed gifts "actually available" assets for determining Medicaid eligibility. Id.
The court held the assets were actually available even though the gifts had not yet been returned to the estate by the wrongdoing conservatrices. Id.
The Supreme Court of Connecticut, upon finding the invalidated gifts were "actually available" assets, noted:
The mere fact that the conservatrices are personally liable for the unauthorized dispositions does not necessarily mean that these funds are "available" for purposes of determining eligibility for medicaid assistance. . . . The state would not be justified in denying benefits in the event that the conservatrices are unable to satisfy a judgment against them, or if for any other reason the funds due the estate are not actually available for the maintenance and support of the ward. . . . The conservatrices have never alleged that they are financially unable to restore the estate, and therefore we need not consider the issue further on this appeal. (Probate of Marcus, 509 A.2d at 5, n.4.)