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CHENOT v. BORDELEAU

No. 88-173-M.P.

561 A.2d 891 (1989)

Edward A. CHENOT v. Nancy BORDELEAU, Director of Rhode Island Department of Human Services.

Supreme Court of Rhode Island.

July 12, 1989.

Attorney(s) appearing for the Case

Anthony R. Mignanelli, Lauren E. Jones, Jones & Aisenberg, Providence, for plaintiff.

James E. O'Neil, Atty. Gen., Terence J. Tierney, Asst. Atty. Gen., Providence, for defendant.

OPINION

KELLEHER, Justice.

The issue raised by this administrative appeal is whether the interest of Edward A. Chenot (Edward) in a trust was properly considered a resource by the Department of Human Services (DHS) for the purpose of administering its medical-assistance program. The uncontroverted facts are substantially as follows.

Edward is a mildly retarded adult. In 1977 his father, Albert J. Chenot (the father), executed a last will and testament...

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