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DEPT. OF SOCIAL SERVICES v. SAUNDERS

(SC 15903)

247 Conn. 686 (1999)

DEPARTMENT OF SOCIAL SERVICES v. EDITH A. SAUNDERS, CONSERVATRIX (ESTATE OF JAMES A. SAUNDERS III)

Supreme Court of Connecticut.

Officially released February 16, 1999.

Attorney(s) appearing for the Case

W. Bradley Kellogg, with whom was Kevin M. O'Grady, for the appellant (defendant).

Hugh Barber, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and Richard J. Lynch, assistant attorney general, for the appellee (plaintiff).

Keith B. Gallant, Lisa N. Davis and Brock T. Dubin filed a brief for the Connecticut Bar Association as amicus curiae.

Callahan, C. J., and Borden, Berdon, Norcott, Katz, Palmer and McDonald, Js.

Opinion

KATZ, J.

The sole issue on appeal is whether the Probate Court was authorized to permit a conservatrix to establish an irrevocable inter vivos trust funded with the net proceeds recovered in the settlement of a negligence action filed on her ward's behalf, which would not be considered an available resource for the purpose of determining ongoing medicaid eligibility. We conclude that the Probate Court was so authorized.

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