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Massachusetts Medicaid Trust Law

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

Appeal 1409399

Fair Hearing Decision 1409399

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Posted on September 18, 2014April 13, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: arguably revocable, issue: can invest in annuities, issue: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: termination argued to be same as revocable, issue: trust purpose was to remain in community, issue: trustee could pay debts of probate estate, issue: trustee removal power, issue: usage of home renders it available, Sara E. McGrath, Tewksbury

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hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
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