Upon the death of a public assistance recipient, the funds in the deceased recipient’s Personal Needs Account / Resident Trust Fund balance becomes part of the decedent’s estate. The funds are frozen and cannot be touched until probated.
If a Medicaid recipient residing in a Medicaid facility passes away, the decedent’s conservator, authorized representative, family or the facility must contact and inform the Department of Social Services of the decedent’s passing. DSS will then conduct a review of the decedent’s assets. Once DSS has completed their investigation and certain criteria is met, DSS may make a referral to DAS.
Once the referral is received, DAS would apply for 4a-16 with the appropriate Probate Court to become Legal representative of the decedent’s estate. Once appointed Legal Representative of the estate, DAS would then request the funds from the facility, where the decedent resided. The facility must hold on to the funds until notified by DAS.
If no referral is made, then the family of the decedent may apply for 4a-16 appointment. Once they receive authorization from the Probate Court, then the family can request and receive such funds.
Until such time that DAS is appointed by the Probate Court to be the authorized Legal Representative of a deceased public assistance recipient’s estate, and notifies you of the same, all funds must be held by the facility.
If DAS is appointed by the Probate Court to be the Legal Representative of a deceased public assistance recipient’s estate, DAS will send the proper documentation claiming any funds that the facility is holding regarding the recipient along with instructions as to how to make the check payable and to where the check should be sent.
If you have not been notified by DAS or a family member of their appointment as Legal Representative within three (3) years of the date of the death of the public assistance recipient, the funds are presumed abandoned pursuant to section 3-64a of the Connecticut General Statutes, and you should follow the procedures set forth in section 3-65a of the Connecticut General Statutes which sets forth the duties of holders of abandoned property.
