Georgia Medicaid Book, Chapter 7 – Planning with Personal Property

This Chapter describes issues associated with planning for Medicaid eligibility with personal property. States have power to define property rights. See Hayes v. Howell, 251 Ga. 580 (1983), citing Texaco, Inc. v. Short, 454 U.S. 516 (1982). Owners of personal property have an action for damages to recover for damage or theft of personal property. O.C.G.A. § 51-10-6. Where appropriate, an action for for partition of personal property is an available remedy. O.C.G.A. § 44-12-1. When considering property interests, it is important to keep your eye on the ball. For example, somone holding a deed to secure debt has an interest in the underlying note, not the property secured by the note (unless the note is unpaid and a foreclosure occurs).

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