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CLARK v. COMMISSIONER

(13468)

209 Conn. 390 (1988)

LOUISE CLARK, CONSERVATRIX (ESTATE OF WILBUR CLARK) v. COMMISSIONER OF INCOME MAINTENANCE

Supreme Court of Connecticut.

Decision released December 20, 1988.

Attorney(s) appearing for the Case

Hugh Barber, assistant attorney general, with whom were Martin Rosenfeld, assistant attorney general, and, on the brief, Joseph I. Lieberman, attorney general, for the appellant (defendant).

Timothy J. Johnston, with whom was Patricia A. Thompson, for the appellee (plaintiff).

Patty Jenkins Pittman filed a brief for the Connecticut Women's Educational and Legal Fund, Inc., as amicus curiae. George B. Bickford filed a brief for the Connecticut Probate Assembly as amicus curiae.

PETERS, C. J., HEALEY, SHEA, CALLAHAN, GLASS, COVELLO and HULL, JS.

PETERS, C. J.

The dispositive issue in this appeal is whether income "available" to an institutionalized incompetent for medicaid eligibility purposes includes an amount a Probate Court has ordered the incompetent to pay his at-home spouse. The plaintiff, Louise Clark, conservatrix for her husband Wilbur Clark, brought an adminstrative appeal pursuant to General Statutes § 17-2a1 claiming that the defendant, the commissioner

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