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IND. FAMILY & SOCIAL SVCS. ADMIN. v. CULLEY

No. 49A02-0110-CV-670.

769 N.E.2d 680 (2002)

INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, Appellant-Respondent, v. Irene CULLEY, Appellee-Petitioner.

Court of Appeals of Indiana.

June 11, 2002.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, David L. Steiner, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Peter J. Rusthoven, J. Michael Grubbs, Jody L. DeFord, Barnes & Thornburg, Indianapolis, IN, Attorneys for Appellee.

OPINION

MATTINGLY-MAY, Judge.

Irene Culley moved into a nursing home in January of 2000 and three months later used some of her money to purchase funeral trusts. The trusts were to provide burial funds for Culley's two adult children and their spouses. Two days later she applied for Medicaid. Her application was approved, but the State, through its Family and Social Services Administration ("FSSA") imposed a "transfer penalty" on the ground that the purchase...

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