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DEPT. OF HEALTH v. CAMPBELL

No. 89, Sept. Term, 1999.

771 A.2d 1051 (2001)

364 Md. 108

DEPARTMENT OF HEALTH AND MENTAL HYGIENE v. Minnie CAMPBELL, et al.

Court of Appeals of Maryland.

May 9, 2001.

Attorney(s) appearing for the Case

Elizabeth M. Kameen, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of Maryland and Heidi A. Moylan, Asst. Atty. Gen., on brief) of Baltimore, for appellant.

Richard B. Stofberg (J. Michael Holloway and Michael A. Stanley, Law Offices of Arthur L. Drager, on brief) of Baltimore, for appellees.

Argued before BELL, C.J., ELDRIDGE, RODOWSKY, WILNER, CATHELL, HARRELL, and THEODORE G. BLOOM, (Retired, Specially Assigned) JJ.

BELL, Chief Judge.

This case presents the issue of whether guardianship commissions and attorneys' fees of an attorney appointed guardian of the property of mentally incompetent Medicaid recipients constitute available income under the Maryland Medicaid Assistance Program, specifically whether such fees qualify as a personal needs allowance.1 We shall hold, contrary to the conclusion of the Circuit...

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