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Massachusetts Medicaid Trust Law

Research MassHealth fair hearing decisions and legal positions taken by Office of Medicaid on trusts

Appeal 1401539

March 28, 2014 MassHealth memo; Appeal 1401539

Fair Hearing Decision 1401539

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Posted on March 28, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: basic common law and statutory laws of trusts not unchanged by Medicaid law, issue: can invest in annuities, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: termination argued to be same as revocable, issue: usage of home renders it available, MassHealth memo available, Springfield

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