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Massachusetts Medicaid Trust Law

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

Category: issue: ability to make unsecured loan

Appeal 1901443

Fair Hearing Decision 1901443

MassHealth Brief 1901443

Posted on June 17, 2019September 10, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to make unsecured loan, issue: power of appointment, MassHealth memo available, Susan Burgess-Cox, Tewksbury

Appeal 1821006

Fair Hearing Decision 1821006

Posted on June 3, 2019August 6, 2019 by Brian E. BarreiraPosted in Alexandra Shube, Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: calculation of income that could be paid, issue: trustee power to loan money is not disbursement of principal, Tewksbury

Appeal 1814100

Fair Hearing Decision 1814100

Posted on May 2, 2019August 1, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Casey Groff, Chelsea, issue: ability to make unsecured loan, issue: power of appointment, issue: power of appointment to charity

Appeal 1713190

Fair Hearing Decision 1713190

Posted on October 11, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to make unsecured loan, issue: power of appointment, issue: power of appointment to charity, issue: retained control over trust, issue: trustee removal power, Patricia Mullen, Taunton

Appeal 1614792

Fair Hearing Decision 1614792

Posted on January 5, 2017May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: power of appointment, issue: power to appoint trustee, issue: usage of home renders it available, Sara E. McGrath

Appeal 1610072

Fair Hearing Decision 1610072

Posted on December 16, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to make unsecured loan, issue: life estate in trust, issue: usage of home renders it available, Patricia Mullen, Taunton

Appeal 1612804

Fair Hearing Decision 1612804

Posted on October 28, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, issue: ability to make unsecured loan, issue: can invest in annuities, issue: retained control over trust, issue: trustee ability to allocate between principal and income, Tewksbury

Appeal 1607448

Fair Hearing Decision 1607448

Posted on August 30, 2016January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to make unsecured loan, issue: can invest in annuities, issue: power of appointment, issue: usage of home renders it available, Patricia Mullen, Taunton

Appeal 1601867

Fair Hearing Decision 1601867

Posted on May 2, 2016January 4, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: trustee removal power, issue: usage of home renders it available, Taunton

Appeal 1409508

Fair Hearing Decision 1409508

Motion to release MassHealth memo, Appeal 1409508

Larkin response to motion to release MassHealth memo, Appeal 1409508

MassHealth memo, Appeal 1409508

Response to MassHealth memo, Appeal 1409508

Posted on September 18, 2014December 11, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to make unsecured loan, issue: intended grantor trust treatment, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: retained control over trust, MassHealth memo available, Motion for due process available, Rebecca Brochstein, Response to MassHealth memo available1 Comment

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