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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: availability of principal to others does not mean it is available to grantor

Appeal 1817860

Fair Hearing Decision 1817860

Posted on June 14, 2019August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: availability of principal to others does not mean it is available to grantor, issue: power to appoint trustee, issue: trustee compensation, issue: trustee removal power, Springfield, Zohra Aziz

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 1900215 & 1905447

Fair Hearing Decision 1900215 & 1905447

The MassHealth agency had issued a denial that included trustee compensation as one of the reasons, then the lawyer representing the agency waived the issue; see pages 5 and 22 of the decision. (Does the MassHealth agency really believe it is entitled to enforce its legal positions selectively?)

Posted on May 29, 2019July 16, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: availability of principal to others does not mean it is available to grantor, issue: children are contingent beneficiaries only, issue: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: presumption in federal law of countability of trusts, issue: settlor is sole vested lifetime beneficiary, issue: trustee compensation, MassHealth memo available, Paul Moore, Response to MassHealth memo available, Taunton

Appeal 1818764

Fair Hearing Decision 1818764

Posted on April 18, 2019August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Casey Groff, issue: availability of principal to others does not mean it is available to grantor, issue: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: trustee compensation, issue: trustee removal power, Tewksbury

Appeal 1820029

Fair Hearing Decision 1820029

Posted on December 12, 2018August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: availability of principal to others does not mean it is available to grantor, issue: power of appointment, issue: trustee compensation, Stanley Kallianidis, Taunton

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 1802399

Fair Hearing Decision 1802399

Posted on October 4, 2018January 10, 2019 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: nominee trust and irrevocable trust, issue: power of appointment to charity, Stanley Kallianidis, TauntonTagged assets not countable, assets unavailable, distributions are to children not to appellant, nonprofits and nursing homes not synonymous with charity, right of appointment is to charity.

Appeal 1812309

Fair Hearing Decision 1812309

Posted on September 25, 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: language not disregarded just because it renders principal unavailable, issue: power of appointment to charity, Tewksbury, Thomas J. GoodeTagged no circumstances allowing trust assets or income to be used for appellant's benefit.

Appeal 1803351

Fair Hearing Decision 1803351

Posted on July 31, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: availability of principal to others does not mean it is available to grantor, issue: nursing facility use of principal for appellant's care, issue: retained control over trust, Rebecca BrochsteinTagged assets in trust not countable, children may decide how to spend their distributions, principal available to appellant's children, principal not available to appellant.

Appeal 1811781

Fair Hearing Decision 1811781

Posted on July 24, 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: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: trustee removal power, Springfield, Stanley KallianidisTagged assets in trust unavailable to appellant.

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