[WSBAPT] domestic partnership and medicaid

[Robert R. Cole]

My research (and advice from others) does not necessarily comport with 
Wendy's.  My case is an elderly opposite-sex couple.  The feds do not 
recognize state law in that case; they treat them as two separate 
individuals (like they do with income tax). Sometimes that works out 
good, other times bad.  But for my case, it is not the same as a 
marriage.  Same-sex RDPs did automatically become marriages, but older 
people did not.

Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW

Stanwood, WA 98292

(360) 629-2900 (Telephone)

(360) 629-0220 (Fax)

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On 7/18/2019 5:33 PM, Roger Hawkes wrote:
>
> *Wendy: thanks a bunch**😊**what is the cite for the ‘default to state 
> law’ re this?*
>
> **
>
> *Roger Hawkes, WSBA 5173*
>
> *Hawkes Law Firm, P.S.*
>
> 19944 Ballinger Way NE, Suite #100
>
> Shoreline, WA 98155
>
> And 423 Main in Sultan, WA 98294
>
> www.hawkeslawfirm.com <http://www.hawkeslawfirm.com/>
>
> 206 367 5000 Office
>
> 206 367 4005 Fax
>
> **
>
> *From:*wsbapt-bounces at lists.wsbarppt.com 
> <wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Goffe, Wendy S.
> *Sent:* Thursday, July 18, 2019 3:15 PM
> *To:* cole-gilday at stanwoodlaw.net; WSBA Probate & Trust Listserv 
> <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] domestic partnership and medicaid
>
> Federal law defaults to whatever the state law is.  Washington treats 
> an RDP as a spouse.  See POMS PR 05845.006 California (Feb. 28, 2019), 
> the SSA determined that where a couple registered as domestic partner 
> that established a valid domestic partnership in the State of 
> Washington before moving to California, the surviving domestic partner 
> was eligible to receive benefits equivalent to those of a married couple.
>
> *Wendy S. Goffe*| Partner
> *STOEL RIVES **LLP*| 600 University Street, Suite 3600 | Seattle, WA 
> 98101-4109
> Direct: (206) 386-7565 | Fax: (206) 386-7500
> wendy.goffe at stoel.com <mailto:wendy.goffe at stoel.com>| Bio 
> <http://www.stoel.com/showbio.aspx?show=9346>| vCard 
> <http://www.stoel.com/getvcard.asp?id=9346>| www.stoel.com 
> <http://www.stoel.com/>
>
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> *From:*wsbapt-bounces at lists.wsbarppt.com 
> <mailto:wsbapt-bounces at lists.wsbarppt.com> 
> <wsbapt-bounces at lists.wsbarppt.com 
> <mailto:wsbapt-bounces at lists.wsbarppt.com>> *On Behalf Of *Robert R. Cole
> *Sent:* Thursday, July 11, 2019 5:39 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com 
> <mailto:wsbapt at lists.wsbarppt.com>>
> *Subject:* [WSBAPT] domestic partnership and medicaid
>
> Learned Brethren:  Does Medicaid in Washington consider a Registered 
> Domestic Partnership like a marriage or is it ignored under the 
> federal laws???  My cursory research gives conflicting answers....  
> Thanks.
>
> -- 
>
> Very Truly Yours,
>
> Robert R. Cole
>
> Law Office of Cole & Gilday, P.C.
>
> 10101 - 270th St. NW
>
> Stanwood, WA 98292
>
> (360) 629-2900 (Telephone)
>
> (360) 629-0220 (Fax)
>
> This message contains confidential and privileged information that is 
> intended only for the named recipient(s).  Unless you are the named 
> recipient or authorized agent thereof, you are prohibited from 
> reading, copying, distributing or otherwise disseminating such 
> information.  If you receive this communication in error, please 
> notify the sender immediately.
>
>
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