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GUERRIERO v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE

433 Mass. 628 (2001)

JEANNETTE GUERRIERO v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE.

Supreme Judicial Court of Massachusetts, Essex.

April 3, 2001.

Attorney(s) appearing for the Case

Amy Spector, Assistant Attorney General (Shannon DeBra, Assistant Attorney General, with her) for the defendant.

Mark J. Sampson for the plaintiff.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.

COWIN, J.

This case concerns Jeannette Guerriero's application for Medicaid benefits. The division of medical assistance (division) denied the application on the ground that Guerriero held sufficient, available resources as a beneficiary of the principal of a self-settled trust. Guerriero filed a complaint in the Superior Court pursuant to G. L. c. 30A, § 14, challenging the division's inclusion of the trust principal as a basis for denying her benefits. Relying...

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