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IN RE INTEREST OF BATTIATO

No. S-99-1120.

613 N.W.2d 12 (2000)

259 Neb. 829

In re Interest of Charlene R. BATTIATO, an incapacitated person. Nebraska Department of Health and Human Services Finance and Support, appellant, v. Mary L. Wilson, successor conservator and successor guardian, appellee.

Supreme Court of Nebraska.

June 23, 2000.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, Royce N. Harper, Lincoln, and Gerald W. Pankonin, Special Assistant Attorney General, for appellant.

Richard S. McMillin, P.C., of Marks, Clare & Richards, Omaha, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

Charlene R. Battiato, an incapacitated person, has a monthly income of $814.99, derived entirely from Supplemental Security Income and Railroad Retirement Act benefits. The cost of Charlene's nursing home care exceeds her entitlement income, so the Nebraska Department of Health and Human Services Finance and Support (the Department) compensates Charlene's nursing home for the remaining expenses. The primary question presented...

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