The South Dakota Supreme Court decision attached actually pre-dates the U.S. Circuit Court of Appeals decision yesterday by a couple of weeks, but comes to the same conclusion, and further adds language that no state may avoid application of the federal rule:

“[¶ 44.] In a CMS memorandum from Gale P. Arden, Director of Disabled

New POMS may change the way retained funds may be used by Pooled Trust Administrators
Continue Reading New POMS are potentially in the pipeline regarding Pooled Special Needs Trusts’ Use of Retained Funds after Death of SSI Beneficiary