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Massachusetts Medicaid Trust Law

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

Tag: assets in trust not countable

Appeal 1803351

Fair Hearing Decision 1803351

Posted on July 31, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Chelsea, Fair Hearing Decisions, issue: availability of principal to others does not mean it is available to grantor, issue: nursing facility use of principal for appellant's care, issue: retained control over trust, Rebecca BrochsteinTagged assets in trust not countable, children may decide how to spend their distributions, principal available to appellant's children, principal not available to appellant.

Appeal 1805188

Fair Hearing Decision 1805188

Posted on July 12, 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, Susan Burgess-Cox, TewksburyTagged assets in trust not countable, availability of principal to others does not make it available to appellant, beneficiary son used disbursements to pay for appellant's care.

Appeal 1803902

Fair Hearing Decision 1803902

Posted on June 26, 2018November 28, 2018 by Brian E. BarreiraPosted in Approval at Fair Hearing, Cynthia Kopka, Fair Hearing Decisions, issue: power of appointment, issue: power of appointment to charity, TewksburyTagged assets in trust not countable, spouse's power to appoint was limited, unclear how appellant would be able to benefit.

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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