SHAAK v. PENN. DEPT. OF PUBLIC WELFARE


707 A.2d 1199 (1998)

Elizabeth Sophia SHAAK a/k/a Betty Shaak, Petitioner, v. PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided March 2, 1998.

Reargument Denied April 30, 1998.


Attorney(s) appearing for the Case

John J. Ferry, Lebanon, for petitioner.

Cynthia A. Fillman, Harrisburg, for respondent.

Before COLINS, President Judge, LEADBETTER, J., and MIRARCHI, Jr., Senior Judge.


COLINS, President Judge.

Betty Shaak has filed a petition for review with this Court presenting the question whether the corpus of an irrevocable trust1 is an available resource to be considered when determining eligibility for medical assistance benefits as set forth in 55 Pa.Code § 178.4(c). The matter comes to the Court by way of an appeal from the final order on the merits entered by the Secretary of the Department of Public Welfare...

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