LEBOW v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE


433 Mass. 171 (2001)

BERNARD LEBOW, guardian, v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE.

Supreme Judicial Court of Massachusetts, Norfolk.

January 10, 2001.


Attorney(s) appearing for the Case

Jeffrey L. Allen for the plaintiff.

Amy Spector, Assistant Attorney General (Barbara Green Whitbeck with her) for Commissioner of the Division of Medical Assistance.

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


COWIN, J.

This case concerns the denial of Florence Rodnesky's application for Medicaid benefits. A Superior Court judge affirmed a decision of the division of medical assistance (division) that Rodnesky was ineligible for Medicaid coverage because she had sufficient, available resources as a beneficiary of a self-settled trust, despite her cobeneficiary's "irrevocable" withdrawal of consent pursuant to the trust instrument which restricted the trustee from exercising...

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