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Massachusetts Medicaid Trust Law

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

Category: Sara E. McGrath

Appeal 1901662

Fair Hearing Decision 1901662

Posted on April 5, 2019August 2, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: power of appointment to charity, issue: trustee compensation, Sara E. McGrath

Appeals 1819099 and 1820304

Fair Hearing Decisions 1819099 and 1820304

Posted on January 17, 2019January 28, 2019 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: distributions to pay tax liabilities, issue: power of appointment to charity, issue: tax-reimbursement clause, issue: trustee compensation, issue: trustee removal power, Sara E. McGrath, Tewksbury

Appeal 1718404

Fair Hearing Decision 1718404

Posted on December 22, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: power of appointment, issue: power to appoint trustee, issue: usage of home renders it available, Sara E. McGrath

Appeal 1717924

Fair Hearing Decision 1717924

Posted on December 19, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: arguably revocable, issue: power of appointment, issue: power to appoint trustee, issue: termination argued to be same as revocable, issue: usage of home renders it available, Sara E. McGrath

Appeal 1716934

Fair Hearing Decision 1716934

Posted on December 8, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, issue: power of appointment, issue: power to appoint trustee, issue: trustee removal power, Sara E. McGrath, Tewksbury

Appeal 1715818

Fair Hearing Decision 1715818

Posted on November 30, 2017May 30, 2018 by Brian E. BarreiraPosted in Chelsea, Denial at Fair Hearing, Sara E. McGrath

Appeal 1714978

Fair Hearing Decision 1714978

Posted on November 10, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: fluid document giving maximum flexibility, issue: power of appointment, issue: power to appoint trustee, issue: trustee removal power, Sara E. McGrath

Appeal 1710879

Fair Hearing Decision 1710879

Posted on September 11, 2017May 30, 2018 by Brian E. BarreiraPosted in Chelsea, Denial at Fair Hearing, Sara E. McGrath

Appeal 1703267

Fair Hearing Decision 1703267

Posted on April 13, 2017May 30, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: intended grantor trust treatment, issue: power of appointment to charity, issue: trustee ability to allocate between principal and income, issue: trustee compensation, issue: trustee removal power, issue: usage of home renders it available, Sara E. McGrath

Appeal 1614792

Fair Hearing Decision 1614792

Posted on January 5, 2017May 29, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, issue: ability to invest in income-producing assets, issue: ability to make unsecured loan, issue: power of appointment, issue: power to appoint trustee, issue: usage of home renders it available, Sara E. McGrath

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Fair Hearing Decisions
Fair Hearing Process
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- Chelsea
- Revere
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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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