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Massachusetts Medicaid Trust Law

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

Tag: trust principal not countable

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.

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Fair Hearing Decisions
Fair Hearing Process
Hearing Location
- Chelsea
- Revere
- Springfield
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- 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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