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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: fiduciary duties of trustee unchanged by Medicaid laws

Appeal 1715246

Fair Hearing Decision 1715246

Posted on August 31, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: power of appointment, issue: power of appointment to charity, Samantha Kurkjy, TewksburyTagged limited power of appointment does not render principal available, power of appointment cannot be used to benefit appellant.

Appeal 1805966

Posted on June 22, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: power of appointment, issue: termination argued to be same as revocable, issue: trust purpose was to remain in community, Patricia Mullen, TauntonTagged government's arguments would require trustee to breach fiduciary duty, intent of trust to preclude distributions of principal to appellant, trust principal not countable.

Appeal 1404746

Fair Hearing Decision 1404746

Posted on December 4, 2014May 14, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: children are contingent beneficiaries only, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: intended grantor trust treatment, issue: language ignored if it defeats Medicaid eligibility standards, issue: language not disregarded just because it renders principal unavailable, issue: life estate in trust, issue: power of appointment, issue: power of appointment to charity, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: settlor is sole vested lifetime beneficiary, issue: usage of home renders it available, Tewksbury, Thomas J. Goode

Appeal 1402145

Fair Hearing Decision 1402145

Posted on May 20, 2014October 2, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: distributions to pay tax liabilities, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: power to substitute assets, issue: retained control over trust, Stanley Kallianidis

Appeal 1402348

Fair Hearing Decision 1402348

April 1, 2014 MassHealth memo; Appeal 1402348

Posted on May 19, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to make unsecured loan, issue: basic common law and statutory laws of trusts not unchanged by Medicaid law, issue: can invest in annuities, issue: children are contingent beneficiaries only, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: life estate in trust, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: settlor is sole vested lifetime beneficiary, issue: termination argued to be same as revocable, issue: veto power over sale of real estate, MassHealth memo available, Springfield

Appeals 1404274 and 1404275

Fair Hearing Decisions 1404274 and 1404275

Posted on May 13, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: fluid document giving maximum flexibility, issue: life estate in trust, issue: no allowable principal distributions to any party, issue: power of appointment, Susan Burgess-Cox, Tewksbury

Appeal 1402621

Fair Hearing Decision 1402621

Posted on April 9, 2014October 2, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: nominee trust, issue: retained control over trust, issue: termination argued to be same as revocable, Patricia Mullen, Taunton

Appeal 1401539

March 28, 2014 MassHealth memo; Appeal 1401539

Fair Hearing Decision 1401539

Posted on March 28, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: basic common law and statutory laws of trusts not unchanged by Medicaid law, issue: can invest in annuities, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: nominee trust and irrevocable trust, issue: power of appointment, issue: presumption in federal law of countability of trusts, issue: termination argued to be same as revocable, issue: usage of home renders it available, MassHealth memo available, Springfield

Appeal 1401521

Fair Hearing Decision 1401521

Posted on February 27, 2014October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to invest in income-producing assets, issue: can invest in annuities, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: language ignored if it defeats Medicaid eligibility standards, issue: life estate in trust, issue: power of appointment, issue: power to pay estate taxes, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: trustee ability to allocate between principal and income, issue: trustee could pay debts of probate estate, Sara E. McGrath, TewksburyTagged MassHealth lawyer claimed the power to distribute principal to the appellant's children gave the trustees the power to distribute principal to the appellant if she had no living children..

Appeal 1311826

Fair Hearing Decision 1311826

Posted on October 15, 2013October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, Brook Padgett, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: basic common law and statutory laws of trusts not unchanged by Medicaid law, issue: can invest in annuities, issue: distributions to pay tax liabilities, issue: fiduciary duties of trustee unchanged by Medicaid laws, issue: nominee trust, issue: nominee trust and irrevocable trust, issue: termination argued to be same as revocable, issue: trustee removal power, issue: two distinct classes of beneficiaries, Springfield

Categories

Fair Hearing Decisions
Fair Hearing Process
Hearing Location
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- Revere
- Springfield
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Hearing Officer
hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
Special needs trust
Statutes and Cases for Appellants
Superior Court proceedings

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