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Massachusetts Medicaid Trust Law

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

Category: Samantha Kurkjy

Appeal 1805328 & 1812278

Fair Hearing Decision 1805328 & 1812278

Posted on October 23, 2018August 6, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: calculation of income that could be paid, issue: fluid document giving maximum flexibility, issue: life estate in trust, issue: retained control over trust, Samantha Kurkjy, Tewksbury

Appeal 1806325

Fair Hearing Decision 1806325

Posted on October 9, 2018August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: fluid document giving maximum flexibility, issue: power of appointment, Samantha Kurkjy, Tewksbury

Appeal 1715246

Fair Hearing Decision 1715246

Posted on August 31, 2018August 1, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, hearing officer wrote that agency lawyer mischaracterized Doherty/Heyn/Daley/MassHealth reg, issue: power of appointment to charity, Samantha Kurkjy, Tewksbury

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 1706917

Fair Hearing Decision 1706917

Posted on June 15, 2018November 28, 2018 by Brian E. BarreiraPosted in Denial at Fair Hearing, Fair Hearing Decisions, Samantha Kurkjy, TewksburyTagged appellant could appoint to nursing home facility, limited power of appointment to charitable organizations.

Appeal 1710198

Fair Hearing Decision 1710198

Posted on May 23, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: administrative amendment power, issue: availability of principal to others does not mean it is available to grantor, issue: can invest in annuities, issue: retained control over trust, Samantha Kurkjy, TewksburyTagged Heyn case, retention of certain powers does not equal access to assets, trustee may purchase annuities.

Appeal 1717415

Fair Hearing Decision 1717415

Posted on May 15, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Fair Hearing Decisions, issue: termination argued to be same as revocable, Samantha Kurkjy, TewksburyTagged ability to terminate not same as ability to revoke, provisions of trust do not allow settlor to reclaim all trust assets, specific directions related to termination of trust.

Appeal 1706393

MassHealth memo on Appeal 1706393

Posted on July 28, 2017 by Brian E. BarreiraPosted in Samantha Kurkjy, Tewksbury

Appeal 1615178

Fair Hearing Decision 1615178

Posted on January 20, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: life estate in trust, Samantha Kurkjy, Tewksbury

Appeal 1613879

Fair Hearing Decision 1613879

Posted on December 9, 2016May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: can invest in annuities, issue: power of appointment, issue: trustee removal power, Samantha Kurkjy, Tewksbury

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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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