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JANSEN v. DEPARTMENT OF PUBLIC WELFARE

No. 41558.

266 N.W.2d 742 (1978)

201 Neb. 185

Joseph B. JANSEN, guardian of Roman Jansen, incompetent, Appellant, v. DEPARTMENT OF PUBLIC WELFARE of the State of Nebraska and Eldin J. Ehrlich, State Director of Public Welfare for the State of Nebraska, Appellees.

Supreme Court of Nebraska.

June 14, 1978.

Attorney(s) appearing for the Case

Paul A. Rauth, James E. McCarthy, Marks, Clare, Hopkins & Rauth, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Royce N. Harper, Asst. Atty. Gen., Lincoln, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY, and WHITE, JJ.

C. THOMAS WHITE, Justice.

Plaintiff, as guardian of Roman Jansen, appealed the judgment of the District Court for Cedar County affirming rulings of the Department of Public Welfare discontinuing A. A. B. D. (Assistance to the Aged, Blind or Disabled) for his ward. We reverse the judgment of the District Court.

The question before us is whether the interest of the ward and recipient Roman Jansen in a certain trust fund is an available resource as defined by...

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