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FOURNIER v. SECRETARY OF THE EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

SJC-13059.

488 Mass. 43 (2021)

PATRICIA A. FOURNIER, personal representative, v. SECRETARY OF THE EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Supreme Judicial Court of Massachusetts, Worcester.

July 23, 2021.

Attorney(s) appearing for the Case

Julie E. Green , Assistant Attorney General, for the defendant.

Lisa M. Neeley for the plaintiff.

Patricia Keane Martin , Clarence D. Richardson, Jr. , & C. Alex Hahn , for Massachusetts Chapter of the National Academy of Elder Law Attorneys, amicus curiae, submitted a brief.

Martin W. Healy , Thomas J. Carey, Jr. , Ryan P. McManus , & Paul M. Cathcart , for Massachusetts Bar Association, amicus curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

Four years ago, in Daley v. Secretary of the Exec. Office of Health & Human Servs., 477 Mass. 188, 203 (2017), we raised — but did not answer — the question whether a trust settlor's reservation of a limited power of appointment to appoint trust principal to...

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