I practice Financial Advice in the state of Louisiana and I have a client under the age of 70 1/2 with a $60,000 IRA and practically no other assets. He is being sent to Hospice and the state department of health and human services is telling his beneficiary (spouse) that the state can take his IRA to help cover the cost of Hospice Care. His beneficiary (spouse) is deeply upset because she will need his IRA to help cover living expenses upon his death. Please advise whether the state has authority to mandate the withdrawal of the IRA money to help cover his Hospice costs prior to his death.

I am have the understanding that my client’s IRA money cannot be seized by the state. Please advise on this matter.

Thanks,

Richard J Maciasz