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HEDLUND v. DEPT. OF HEALTH SERVICES

No. 2010AP3070.

807 N.W.2d 672 (2011)

2011 WI App 153

Lucille HEDLUND, Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF HEALTH SERVICES, Respondent-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed October 13, 2011.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Thomas R. Jacobson and Diane M. Odeen of Lommen, Abdo, Cole, King & Stageberg, P.A., Hudson.

On behalf of the respondent-respondent, the cause was submitted on the brief of Robert M. Hunter , assistant attorney general, and J.B. Van Hollen , attorney general.

Before LUNDSTEN, P.J., VERGERONT and BLANCHARD, JJ.

VERGERONT, J.

¶ 1 Lucille Hedlund appeals an order of the circuit court affirming an administrative decision denying her medical assistance on the ground that a trust is an available resource for her. Hedlund contends the trust is not an available asset within the meaning of WIS. STAT. § 49.454(3)(a) (2007-08).1 Specifically, Hedlund contends that her resources were not used to form the trust because the assets that her children...

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