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HEYN v. DIRECTOR OF THE OFFICE OF MEDICAID

No. 15-P-166.

89 Mass. App. Ct. 312 (2016)

EILEEN M. HEYN, personal representative, v. DIRECTOR OF THE OFFICE OF MEDICAID.

Appeals Court of Massachusetts, Worcester.

April 15, 2016.

Attorney(s) appearing for the Case

Patrick C. Tinsley (Lisa M. Neeley with him) for the plaintiff.

Daniel J. Hammond, Assistant Attorney General, for the defendant.

Patricia Keane Martin, Robert P. Ford, Kathryn E. Szewczyk, & Don J.J. Cordell, for National Academy of Elder Law Attorneys (Massachusetts Chapter), amicus curiae, submitted a brief.

Present: GREEN, HANLON, & HENRY, JJ.

We are called upon yet again to review a determination that assets within a self-settled irrevocable inter vivos trust should be treated as available to the trust grantor for payment of nursing home expenses (and, correspondingly, render the grantor ineligible for Medicaid benefits)....

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