MASTERSON v. DEPT. OF SOCIAL SERVICES

No. 80426.

969 S.W.2d 746 (1998)

Margaret E. MASTERSON, Appellant, v. DEPARTMENT OF SOCIAL SERVICES, DIVISION OF FAMILY SERVICES, Respondent.

Supreme Court of Missouri, En Banc.

June 16, 1998.


Attorney(s) appearing for the Case

C. Christy Barton, Columbia, for Appellant.

Richard J. Childress, Department of Social Services, St. Louis, for Respondent.


PRICE, Judge.

I.

The director of the Division of Family Services determined that Margaret Masterson was not eligible for supplemental nursing care benefits because of her interest in a Medicaid Qualifying Trust. The trial court and court of appeals agreed. We affirm. Although the trust language limits the payments to Masterson only to those that supplement government benefits, we find that the trust assets are available to Masterson because the trustee can...

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