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LANG v. COM., DEPT. OF PUBLIC WELFARE

515 Pa. 428 (1987)

528 A.2d 1335

Elizabeth Ellen LANG, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Appellee.

Supreme Court of Pennsylvania.

Decided July 13, 1987.

Attorney(s) appearing for the Case

Foster S. Goldman, Jr., Vernadean S. Passodelis, Berkman Ruslander Pohl, Lieber & Engel, Pittsburgh, for appellant.

Lawrence A. Frolik, University of Pittsburgh, School of Law, Pittsburgh, amicus curiae for Pa. Protection & Advocacy, Inc.

Jon Pushinsky, Pushinsky & Rosenfield, Pittsburgh, for Assoc. for Retarded Citizens, etc.

Jean E. Graybill, Asst. Counsel, Dept. of Welfare, Harrisburg, for appellee.

Before ROBERT, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

HUTCHINSON, Justice.

Appellant is trustee of a discretionary testamentary trust her father created for the benefit of all his children. She appeals by allowance Commonwealth Court's order upholding DPW's determination that the trust's income and assets are an "available resource" of her mentally disabled brother which must be applied against his own statutory liability for care before public...

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