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SANDERS v. PILLEY

No. 96 CA 0196.

684 So.2d 460 (1996)

Earl M. SANDERS, Curator for Douglas Sanders v. J. Christopher PILLEY, State of Louisiana, Secretary of the Department of Health and Hospitals.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 7, 1996.

Attorney(s) appearing for the Case

Matt Greenbaum and Gwendolyn M. La Nasa, New Orleans, for Plaintiff-Appellee Earl M. Sanders, Curator for Douglas Sanders.

Mary D. O'Brien, Baton Rouge, for State of Louisiana, Department of Health and Hospitals.

Before LOTTINGER, C.J., and FOIL and FOGG, JJ.

LOTTINGER, Chief Judge.

The res nova issue presented by this appeal is whether the corpus of a trust established with an interdict's own funds and for his benefit can be considered in determining an interdict's eligibility for future Medicaid benefits. The Louisiana Department of Health and Hospitals (hereinafter, the "Department"), determined that the trust qualified as a resource and terminated Medicaid benefits. Upon judicial review of the agency's decision, the...

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