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  5. 796 N.E.2d 657 (2003)
 

GAYAN v. ILLINOIS DEPT. OF HUMAN SERVICES

No. 3-02-0545.

796 N.E.2d 657 (2003)

342 Ill. App.3d 1035

277 Ill.Dec. 571

Lucille GAYAN, Plaintiff-Appellant, v. ILLINOIS DEPARTMENT OF HUMAN SERVICES, Defendant-Appellee.

Appellate Court of Illinois, Third District.

August 29, 2003.

Attorney(s) appearing for the Case

Stephen C. Myers (argued), Myers, Berry, O'Conor & Kuzma, Ltd., Streator, for Lucille Gayan.

Lisa Madigan, Attorney General, Carl J. Elitz (argued), Chicago, for Illinois Department of Human Services.

Justice SLATER delivered the opinion of the court:

This action was brought by James P. Gayan, as agent under the Lucille M. Gayan Power of Attorney, and subsequently by James P. Gayan as Special Representative of Lucille M. Gayan, deceased, against the Illinois Department of Human Services ("IDHS") and the Illinois Department of Public Aid ("IDPA") (collectively, "the State agencies"). The State agencies found that the plaintiff, Lucille Gayan, had "available assets...

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