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LANG v. PennDPW.

No. 250 C.D. 1985.

96 Pa.Commw. 118 (1986)

506 A.2d 530

Elizabeth Ellen Lang, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

March 21, 1986.

Attorney(s) appearing for the Case

Foster S. Goldman, Jr., with him, Vernadean S. Passodelis, Berkman, Ruslander, Pohl, Lieber & Engel, for petitioner.

Jean E. Graybill, Assistant Counsel, with her, Edward P. Carey, Regional Counsel, John Kane and Roger T. Margolis, for respondent.

Argued October 10, 1985, before Judges CRAIG and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, March 21, 1986:

Elizabeth Lang (Trustee) appeals from a decision of the Department of Public Welfare (DPW) which held that the income and principal of a testamentary trust were available resources for William LeViseur (Beneficiary) and assessed liability for payment for medical care against the trust. For the reasons set forth below, we affirm.

The Beneficiary is an incompetent adult suffering from "idiopathic epilepsy" and "mental...

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