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YOUNG v. DEPT. OF HUMAN SERV.

No. 95-967.

76 Ohio St.3d 547 (1996)

YOUNG, APPELLEE, v. OHIO DEPARTMENT OF HUMAN SERVICES, APPELLANT.

Supreme Court of Ohio.

Decided September 4, 1996.

Attorney(s) appearing for the Case

Martin, Pergram & Browning Co., L.P.A., and Dennis L. Pergram, for appellee.

Betty D. Montgomery, Attorney General, and Margaret E. Adams, Assistant Attorney General, for appellant.

MOYER, C.J.

The issue to be decided in this appeal is whether a testamentary trust that expressly prohibits the trustee from making any distributions that would affect the beneficiary's Medicaid benefits constitutes a "countable resource" under the ODHS Medicaid regulatory scheme set out in Ohio Adm.Code Chapter 5101:1-39.

The Allen County Court of Appeals held that the Albright trust corpus does not meet the...

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