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KLINE v. UTAH DEPT. OF HEALTH

No. 870441-CA.

776 P.2d 57 (1989)

Mitchell H. KLINE, By and Through Harriet Y. KLINE, guardian ad litem, Plaintiff and Appellant, v. UTAH DEPARTMENT OF HEALTH, Defendant and Respondent.

Court of Appeals of Utah.

May 24, 1989.

Attorney(s) appearing for the Case

Richard H. Johnson and David J. Jordan, Salt Lake City, for plaintiff and appellant.

R. Paul Van Dam, Brian L. Farr, and Ruth L. Renlund, Salt Lake City, for defendant and respondent.

Before DAVIDSON, GARFF and JACKSON, JJ.

OPINION

JACKSON, Judge:

An incompetent person, Mitchell H. Kline, by his guardian ad litem, challenges a Utah Department of Health ("Department") determination that he is ineligible for Medicaid nursing home benefits. The Department ruled that Mr. Kline's available assets exceeded allowable limits because a durable power of attorney executed by him in 1984, while competent, amended a 1968 trust agreement and conferred authority upon his attorney-in-fact...

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