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Case No. 22-0736

In the Matter of the Medical Assistance Pooled Special Needs Trust Of Scott Hewitt

The Iowa Department of Human Services (DHS) provided approximately $100,000 in medical assistance to Scott Hewitt between 2005 and 2019. In February of 2019, Mr. Hewitt entered into an agreement for the creation of a medical assistance pooled special needs trust to be administered by the Center for Special Needs Trust Administration (the Trustee), and funded the trust with approximately $33,000. Following Mr. Hewitt’s death in July of 2019, the Trustee retained the balance of the funds, approximately $26,000, for the asserted benefit of other disabled beneficiaries. DHS filed a petition to invoke the jurisdiction of the probate court, and sought an accounting regarding those funds, and an order for reimbursement of funds not properly retained. On the parties cross-motions for summary judgment, the probate court held in favor of the Trustee. On appeal, DHS argues the court erred because: (1) even though the Trustee may retain some of those funds, it must do so consistent with the purposes of pooled trusts, including reimbursement of DHS for its medical assistance payments on Hewitt’s behalf; and (2) the Trustee has failed to demonstrate its compliance with applicable law by providing an accounting sufficient to show use of the funds for other beneficiaries.

Trial Court Case No.:

In the Matter of the Medical Assistance Pooled Special Needs Trust Of Scott Hewitt, Appellee

Iowa Department of Human Services, Appellant

Attorney for Appellee
Elizabeth R. Meyer
Jana M. Weiler
Elizabeth A. Etchells

Attorney for Appellant
Laura F. Kron
Benjamin C. Chatham

Supreme Court

Oral Argument Schedule


Feb 22, 2023 1:30 PM


Supreme Court Opinion

Opinion Number:
Date Published:
Apr 28, 2023

Other Information

Date Retained:
Oct 24, 2022
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