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COOK v. DEPARTMENT OF SOCIAL SERVICES

Docket No. 194655.

570 N.W.2d 684 (1997)

225 Mich. App. 318

Anna COOK, Petitioner-Appellee, v. DEPARTMENT OF SOCIAL SERVICES, Respondent-Appellant.

Court of Appeals of Michigan.

Decided September 5, 1997, at 9:00 a.m.

Released for Publication November 25, 1997.

Attorney(s) appearing for the Case

John B. Payne, Dearborn, for petitioner-appellee.

Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., and Chantal B. Fennessey, Asst. Atty. Gen., for respondent-appellant.

Before DOCTOROFF, P.J., and MacKENZIE and GRIFFIN, JJ.

PER CURIAM.

Respondent, Department of Social Services, appeals by leave granted from a circuit court order reversing a Department of Social Services Bureau of Administrative Hearings determination that petitioner Anna Cook was ineligible to receive Medicaid benefits. We reverse.

Anna Cook is an incompetent adult who resides in a nursing home. On August 31, 1977, she and her now-deceased husband established an irrevocable trust requiring the

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