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LOZADA v. PENNDPW.

No. 3392 C. D. 1985.

105 Pa.Commw. 67 (1987)

522 A.2d 1192

John J. Lozada, an Incompetent, by Hamilton Bank, his Guardian, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

Argued February 24, 1987.

Attorney(s) appearing for the Case

Richard A. Breuer, for petitioner.

John Kane, Chief Counsel, with him, Jean E. Graybill, Assistant Counsel, for respondent.

Before Judges COLINS and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE COLINS, March 24, 1987:

Hamilton Bank, in its capacity as guardian of John J. Lozada, an incompetent (petitioner), appeals from a final order of the Department of Public Welfare (Department) terminating petitioner's medical assistance benefits for nursing home care on the grounds that petitioner had "funds in excess of eligibility limits." Public Assistance Eligibility Manual, §177.83, Income Maintenance Bulletin No. 177-84-44. The Department...

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