Page 47

Louisiana Medicaid Eligibility Manual Eligibility Factors

Reissued June 9, 2026

Page 47 of I-1630 Replacing September 23, 2024

Revised/added text indicated by underscore

Deleted text indicated by “**” Usufruct

Usufruct conveys upon an individual or individuals the following rights to property:

• The right of possession,

• The right to use of the property,

• The right to obtain profits from the property, and

• The right to sell the usufruct interest.

The contract establishing usufruct:

• May restrain any one or more of these rights,

• May measure the duration of the usufruct by:

- The lifetime of the owner of usufruct or of another person, or

- The occurrence of some specific event, such as the remarriage of the owner of the usufruct.

The owner of the usufruct does not have title to the property or portion of the property for which he has been granted usufruct.

Note: The right to sell the property is the right of the remainder man.

Valuation of Usufruct

Consumables: If there is usufruct over consumables such as money, Certificates of Deposit, promissory notes, bank accounts, stocks of merchandise, etc. count the entire amount (100%) of the asset’s value as available to the person gaining usufruct. Under Louisiana law, a usufruct over a consumable actually transfers ownership at creation of the usufruct.

Non-consumables: If there is usufruct over items such as