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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: arguably revocable

Appeal 1823773 & 1824521

Fair Hearing Decision 1823773 & 1824521

Posted on June 25, 2019August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: arguably revocable, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: power of appointment to charity, Scott Barnard, Taunton

Appeal 1904061

Fair Hearing Decision 1904061

Posted on June 3, 2019August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to invest in income-producing assets, issue: arguably revocable, issue: availability of principal to others does not mean it is available to grantor, issue: can invest in annuities, issue: power of appointment, issue: power of appointment to charity, issue: trustee compensation, Tewksbury

Appeal 1816663

Fair Hearing Decision 1816663

Posted on February 11, 2019August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Christopher Jones, issue: arguably revocable, issue: fluid document giving maximum flexibility, issue: nominee trust, issue: retained control over trust, Tewksbury

Appeal 1815328

Fair Hearing Decision 1815328

Posted on December 4, 2018August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Cynthia Kopka, issue: arguably revocable, issue: language ignored if it defeats Medicaid eligibility standards, issue: language not disregarded just because it renders principal unavailable, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: nursing facility use of principal for appellant's care, issue: power of appointment, issue: power of appointment to charity, issue: retained control over trust

Appeal 1806566

Fair Hearing Decision 1806566

Posted on November 14, 2018August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: arguably revocable, issue: availability of principal to others does not mean it is available to grantor, issue: can invest in annuities, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: trustee removal power, Radha Tilva

Appeal 1800207

Fair Hearing Decision 1800207

Posted on July 10, 2018November 19, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: arguably revocable, issue: nominee trust, issue: termination argued to be same as revocable, Patricia Mullen, TauntonTagged not countable, trust established in 2005, trust not revocable, trust provisions do not indicate it is revocable.

Appeal 1717924

Fair Hearing Decision 1717924

Posted on December 19, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: arguably revocable, issue: power of appointment, issue: power to appoint trustee, issue: termination argued to be same as revocable, issue: usage of home renders it available, Sara E. McGrath

Appeal 1707285

Fair Hearing Decision 1707285

Posted on July 17, 2017September 26, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: arguably revocable, issue: usage of home renders it available, Springfield, Zohra Aziz

Appeal 1706709

Fair Hearing Decision 1706709

Posted on June 28, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: arguably revocable, Rebecca Brochstein

Appeal 1705994

Fair Hearing Decision 1705994

Posted on June 6, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: arguably revocable, issue: nominee trust, Radha Tilva

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