Myers v. Department of Social and Rehabilitation Services
Kansas Supreme Court
866 P.2d 1052 (1994)
- Written by Sean Carroll, JD
Facts
Darrell Myers, Jr. (plaintiff) was eligible for and received low-income medical assistance from the Kansas Department of Social and Rehabilitation Services (SRS) (defendant). Caroline Myers was Darrell’s mother. Caroline’s will established a trust for Darrell’s benefit. The will gave the trustee discretion to distribute funds to Darrell as the “trustee deem[ed] advisable for [Darrell’s] care, support, maintenance, emergencies and welfare.” Soon after Caroline died, Darrell’s SRS assistance lapsed for an unrelated reason. Darrell reapplied for assistance, but SRS denied his application on the ground that Darrell was ineligible for SRS assistance due to the availability of the resources in the trust. Darrell appealed the SRS decision in district court. The district court held that the trust was discretionary and that as a result Darrell did not have access to the trust’s assets. Accordingly, SRS could not consider the assets in its review of Darrell’s application. The court of appeals affirmed. The Kansas Supreme Court granted SRS’s petition for review.
Rule of Law
Issue
Holding and Reasoning (Holmes, C.J.)
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