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Massachusetts Medicaid Trust Law

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

Category: Springfield

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 1808111 & 1821273

Fair Hearing Decision 1808111 & 1821273

Posted on April 22, 2019August 2, 2019 by Brian E. BarreiraPosted in Denial at Fair Hearing, Marc Tonaszuck, Springfield

Appeal 1812910

Fair Hearing Decision 1812910

Posted on December 18, 2018August 2, 2019 by Brian E. BarreiraPosted in Denial at Fair Hearing, Springfield, Zohra Aziz

Appeal 1718103

Fair Hearing Decision 1718103

Posted on September 20, 2018November 28, 2018 by Brian E. BarreiraPosted in Denial at Fair Hearing, Fair Hearing Decisions, Springfield, Zohra AzizTagged appellant could change beneficiaries eligible to receive principal, appellant could have added nursing home as beneficiary, trustee has discretion to distribute principal.

Appeal 1810866

Fair Hearing Decision 1810866

Posted on August 15, 2018November 28, 2018 by Brian E. BarreiraPosted in Denial at Fair Hearing, Fair Hearing Decisions, Marc Tonaszuck, SpringfieldTagged trust asset available to appellant, trust countable.

Appeal 1714886

Fair Hearing Decision 1714886

Memorandum of Decision and Order on (A6082931x7A575)

Posted on August 8, 2018July 29, 2019 by Brian E. BarreiraPosted in Denial at Fair Hearing, Kenneth Brodzinski, Springfield

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.

Appeal 1810355

Fair Hearing Decision 1810355

Posted on May 31, 2018November 19, 2018 by Brian E. BarreiraPosted in Brook Padgett, Denial at Fair Hearing, Fair Hearing Decisions, SpringfieldTagged ability to borrow principal without adequate interest or security, appellant retained control over trust property.

Appeal 1717887

Fair Hearing Decision 1717887

Posted on May 15, 2018November 28, 2018 by Brian E. BarreiraPosted in Denial at Fair Hearing, Fair Hearing Decisions, Springfield, Zohra AzizTagged appellant could receive principal, special needs trust not properly executed.

Appeal 1717990

Fair Hearing Decision 1717990

Posted on March 6, 2018May 31, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: extrinsic circumstances; usage of gifted principal, issue: power of appointment, issue: power to pay estate taxes, issue: prior breach of fiduciary duty, issue: trustee could pay debts of probate estate, issue: usage of home renders it available, Springfield, Stanley Kallianidis

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Fair Hearing Decisions
Fair Hearing Process
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- 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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