Minnesota Statutes
Minn. Stat. § 501B.89 (2026)
[Repealed]
✓ current as of May 2026
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MS 2014 [Repealed, 2015 c 5 art 16 s 2]
Notes of Decisions
Cited in 5
cases, 1993–2007 · leading case: Martin Ex Rel. Hoff v. City of Rochester, 642 N.W.2d 1 (Minn. 2002).
Martin Ex Rel. Hoff v. City of Rochester, 642 N.W.2d 1 (Minn. 2002). “Minn.Stat. § 501B.89, subd. 3 (2000). [19] The dissent implies that our decision impairs the right of a medical assistance recipient to transfer his/her causes of action by assignment.”
Hecker v. Stark Cnty. Soc. Serv. Bd., 527 N.W.2d 226 (N.D. 1995). “In making distributions for the special needs defined herein, [the] Trustee shall take into consideration the applicable resource limitations of the public assistance programs for which the beneficiary is eligible." This language plainly indicates an intent not to provide…”
In Re Appeal of Decision of Comm'r of Human Servs., 725 N.W.2d 114 (Minn. Ct. App. 2006). “And, because the trust provision restricting the trustee’s ability to make payments if appellant becomes eligible for public assistance is unenforceable as against public policy under Minn.Stat. § 501B.89 (2004), appellant can compel the trustee to provide for her support.”
Sullivan v. Schultz (In Re Schultz), 368 B.R. 832 (Bankr. D. Minn. 2007). “§§ 1396p and 1382b(e)(5) and Minn.Stat. §§ 501B.89 and 524.5-412, in order to hold the inheritance and to allow Schultz to retain her eligibility for Medical Assistance.”
In Re Leona Carlisle Trust Created Under the Trust Agreement Dated February 9, 1985, 498 N.W.2d 260 (Minn. Ct. App. 1993). “Minn.Stat. § 501B.89 (1992) makes unenforceable a provision in a trust that purports to make "assets or income unavailable to a beneficiary if the beneficiary applies for or is determined eligible for public assistance or a public health care program.”
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