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SHAAK v. PA DEPT. OF PUBLIC WELFARE

747 A.2d 883 (2000)

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

Supreme Court of Pennsylvania.

Decided March 27, 2000.

Attorney(s) appearing for the Case

John A. Kane, Chief Counsel, Jean E. Graybill, Sr. Asst. Counsel, Cynthia A. Fillan, Asst. Counsel, Dept. of Public Welfare, for DPW.

James T. Reilly, John J. Ferry, Reilly, Wolfson, Sheffey, Schrum & Lundberg, Lebanon, for Betty Shaak.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

NEWMAN, Justice.

The Pennsylvania Department of Public Welfare ("DPW") has appealed from the order of the Commonwealth Court, which held that the corpus of an irrevocable trust, created by Appellee Elizabeth Shaak (Mrs. Shaak), was not an "available resource" to be considered when determining her eligibility for Medical Assistance benefits. For the reasons that follow, we reverse the order of the...

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