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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: trust purpose was to remain in community

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 1509625

Fair Hearing Decision 1509625

Posted on August 27, 2015February 24, 2016 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: distributions to pay tax liabilities, issue: life estate in trust, issue: power to substitute assets, issue: retained control over trust, issue: trust purpose was to remain in community, issue: usage of home renders it available, Tewksbury, Thomas J. Goode

Appeal 1409399

Fair Hearing Decision 1409399

Posted on September 18, 2014April 13, 2015 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: ability to invest in income-producing assets, issue: arguably revocable, issue: can invest in annuities, issue: power of appointment, issue: power of appointment to charity, issue: power to appoint trustee, issue: power to substitute assets, issue: presumption in federal law of countability of trusts, issue: retained control over trust, issue: termination argued to be same as revocable, issue: trust purpose was to remain in community, issue: trustee could pay debts of probate estate, issue: trustee removal power, issue: usage of home renders it available, Sara E. McGrath, Tewksbury

Appeal 1200356

Fair Hearing Decision 1200356

Posted on June 5, 2012October 1, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: life estate in trust, issue: retained control over trust, issue: termination argued to be same as revocable, issue: trust purpose was to remain in community, Sara E. McGrath, Tewksbury

Appeal 1205462

MassHealth memo on Appeal 1205462

Fair Hearing Decision 1205462

Posted on May 18, 2012October 27, 2014 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: administrative amendment power, issue: trust purpose was to remain in community, issue: trustee removal power, MassHealth memo available, Susan Burgess-Cox, Tewksbury

Categories

Fair Hearing Decisions
Fair Hearing Process
Hearing Location
- Chelsea
- Revere
- Springfield
- Taunton
- Tewksbury
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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