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STRAND v. RASMUSSEN

No. 01-0146.

648 N.W.2d 95 (2002)

Marcia STRAND, Guardian of David M. Strand, Ward, Appellant, v. Jessie K. RASMUSSEN, Director of Iowa Department of Human Services, Appellee.

Supreme Court of Iowa.

July 17, 2002.

Attorney(s) appearing for the Case

John W. Kocourek, Council Bluffs, for appellant.

Thomas J. Miller, Attorney General, and Daniel W. Hart, Assistant Attorney General, for appellee.

CADY, Justice.

The primary issue we face in this appeal is whether an irrevocable trust created with funds received from the settlement of a malpractice action brought on behalf of a mentally retarded individual by his conservator-parents is properly included as an asset under Iowa Administrative Code rule 441-75.9(1) (1997) for the purpose of determining eligibility for state Medicaid benefits. The Department of Human Services (Department) found the trust was an...

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