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IN RE ESTATE OF MORING v. DEPARTMENT

No. 00CA0463.

24 P.3d 642 (2001)

In the Matter of the ESTATE OF Anne MORING, Protected Person, Appellee, v. COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, Appellant.

Colorado Court of Appeals, Div. III.

April 12, 2001.

Attorney(s) appearing for the Case

Pearson, Milligan & Horowitz, P.C., Bernard A. Poskus, Denver, CO, for Appellee.

Ken Salazar, Attorney General, Ann Hause, Assistant Attorney General, Denver, CO, for Appellant.

Opinion by Judge MARQUEZ.

In this dispute regarding entitlement to attorney and trustee fees under state Medicaid regulations, the Colorado Department of Health Care Policy and Financing (Department) appeals a judgment in favor of the Estate of Anne Moring finding that the payment of such fees was permitted in the closure of an income trust. We affirm.

The Anne Moring Trust (trust) was established by order of the district court in 1993, and a trustee was appointed...

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