The SMART Act SB 2840 will reverse many of the DRA changes Elder Law attorneys fought for on behalf of our clients. The changes include the following:
- Legal fees are no longer exempt for 3-month backdating.
- Abolishes spousal refusal entirely.
- A homestead in Trust is no longer an exempt asset.
- Except for the Community Spouse Resource Allowance ($109,560) and Minimum Monthly Needs Maintenance Allowance ($2,739, HFS is no longer limited in how much it can seek when pursuing a support order against a community spouse.
- Reverts to the old limits on prepaid funeral contracts.
- Reduces the home equity exemption to the minimum allowed under federal law (base figure of $500,000, adjusted annually for inflation, rather than the $750,000 adopted in the DRA rulemaking).
- No exception for prepaid funerals for 3-month backdating.
More to come.