RICHLAND COUNTY DSS v. DHSS

No. 93-0911.

183 Wis.2d 61 (1994)

515 N.W.2d 272

RICHLAND COUNTY DEPARTMENT OF SOCIAL SERVICES, Petitioner-Appellant, v. State of Wisconsin DEPARTMENT OF HEALTH & SOCIAL SERVICES, OFFICE OF ADMINISTRATIVE HEARINGS, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 3, 1994.


Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the briefs of Benjamin Southwick of Richland Center.

For the defendant-respondent the cause was submitted on the briefs of James E. Doyle, attorney general and Donald P. Johns, assistant attorney general.

Before Eich, C.J., Dykman and Sundby, JJ.


SUNDBY, J.

In this appeal we decide that the State's Department of Health and Social Services (DHSS) correctly concluded that a testamentary trust was not an asset which made Eugene Peckham ineligible for medical assistance (MA). We therefore affirm the judgment entered February 17, 1993, affirming DHSS's order of April 30, 1992. However, we reject DHSS's argument that we should ignore what it characterizes as "dicta...

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