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TRUST CO. OF OKL. v. STATE EX REL. DDHS

No. 82290.

890 P.2d 1342 (1995)

TRUST COMPANY OF OKLAHOMA, guardian of the estate of Ellen Lea Barker, a minor child, Appellee, v. STATE of Oklahoma, ex rel. DEPARTMENT OF HUMAN SERVICES, Appellant.

Supreme Court of Oklahoma.

February 21, 1995.

Attorney(s) appearing for the Case

Charles Lee Waters, Gen. Counsel, Oklahoma Dept. of Human Services, Howard J. Pallotta, Asst. Gen. Counsel, Oklahoma City, for appellant.

Roland Tague, Oklahoma City, for appellee.

Lee Holmes, Oklahoma City, Susan G. Haines, John T. Combs, Kathleen A. Negri, Denver, CO, for amicus curiae, The Nat. Academy of Elder Law Attys., Inc.

KAUGER, Vice Chief Justice:

The issue of first impression presented is whether disbursements from a trust which is not an available resource for medical eligibility purposes may be income which must be considered in the certification process.1 We must also determine whether, under the facts presented, Human Services was estopped from considering distributions from the Barker trust in the certification...

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