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PETITION OF PELLETIER

No. 83-360.

125 N.H. 565 (1984)

PETITION OF YVONNE PELLETIER (New Hampshire Division of Welfare)

Supreme Court of New Hampshire.

October 5, 1984.

Attorney(s) appearing for the Case

New Hampshire Legal Assistance, of Concord (Mitchell M. Simon on the brief and orally), for Yvonne Pelletier.

Gregory H. Smith, attorney general (Marc R. Scheer on the brief and orally), for the State.

J. Alexander MacMartin, Jr., of Wilton, by brief for the New Hampshire Association for the Elderly, as amicus curiae.

DOUGLAS, J.

In this petition for certiorari, the petitioner, Yvonne Pelletier, challenges the division of welfare's denial of her application for medicaid. We grant the petition and remand.

The record reveals that Mrs. Pelletier is an 81-year-old, childless widow. She entered the Dover House Healthcare nursing home, an intermediate care facility (ICF), in June 1977, as a private pay patient. She was placed in that facility on the recommendation of her treating...

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