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Massachusetts Medicaid Trust Law

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

Category: Patricia Mullen

Appeal 1905492

Fair Hearing Decision 1905492

Posted on June 14, 2019August 1, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: nominee trust, issue: retained control over trust, Patricia Mullen, Taunton

Appeal 1821913

Fair Hearing Decision 1821913

Posted on May 24, 2019July 16, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: power of appointment to charity, Patricia Mullen, Taunton

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 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 1804593

Fair Hearing Decision 1804593

Posted on March 26, 2018May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: power of appointment, Patricia Mullen, Taunton

Appeal 1711266

Fair Hearing Decision 1711266

Posted on November 16, 2017November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: usage of home renders it available, Patricia Mullen, TauntonTagged agreement did not give appellant access to the asset, appellant had use and occupancy agreement for house.

Appeal 1713190

Fair Hearing Decision 1713190

Posted on October 11, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to make unsecured loan, issue: power of appointment, issue: power of appointment to charity, issue: retained control over trust, issue: trustee removal power, Patricia Mullen, Taunton

Appeal 1610258

Fair Hearing Decision 1610258

Posted on January 3, 2017May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: arguably revocable, issue: nominee trust and irrevocable trust, Patricia Mullen, Taunton

Appeal 1610072

Fair Hearing Decision 1610072

Posted on December 16, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: ability to make unsecured loan, issue: life estate in trust, issue: usage of home renders it available, Patricia Mullen, Taunton

Appeal 1609241

Fair Hearing Decision 1609241

Posted on August 30, 2016January 6, 2017 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: distributions to pay tax liabilities, issue: termination argued to be same as revocable, issue: trustee compensation, issue: trustee could pay debts of probate estate, issue: usage of home renders it available, Patricia Mullen, Taunton

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hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg
Special needs trust
Statutes and Cases for Appellants
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