Recovery scope
Expanded estate recovery includes probate property and specified nonprobate interests such as joint ownership, survivorship interests, life estates, living trusts, and other arrangements in which the recipient held an interest at death.
Controlling authority
Hawaii Revised Statutes §§ 346-29.5 and 346-37, Hawaii Administrative Rules chapter 17-1705, and State Plan Attachment 4.17-A govern recovery.
Exemptions and deferrals
Recovery is postponed while a surviving spouse lives and while a surviving child is under 21, blind, or disabled; lien rules also protect a qualifying sibling or caregiver child residing in the home.
Hardship-waiver path
The state plan provides an undue-hardship waiver process for estate recovery.
Lien practice
Hawaii may impose a lien on real property after determining an institutionalized recipient cannot reasonably be expected to return home, subject to protected-occupant and notice rules; the lien is dissolved if the recipient returns home.
Sources
Methodology & sources
Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.
General information, not legal advice.