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Massachusetts Medicaid Trust Law

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

Appeal 1717672

Fair Hearing Decision 1717672

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Posted on June 15, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: availability of principal to others does not mean it is available to grantor, issue: trustee ability to allocate between principal and income, Susan Burgess-Cox, TauntonTagged appellant had option of naming herself trustee, appellant was income beneficiary, income distributions are countable, trust assets not available to appellant, trustee does not have authority to make principal available to appellant.

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