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IN RE HORTON

No. C1-02-2266.

668 N.W.2d 208 (2003)

In re The Matter of the John R. HORTON Irrevocable Trust Dated February, 1981.

Court of Appeals of Minnesota.

August 26, 2003.

Attorney(s) appearing for the Case

Donald F. Ryan, Crow Wing County Attorney, Candace Prigge, Assistant County Attorney, Brainerd, MN, for appellant Crow Wing County Social Services.

John H. Erickson, Erickson, Pearson & Aanes, Brainerd, MN, for respondent trustee Bernhard Warling.

Considered and decided by WILLIS, Presiding Judge, HUDSON, Judge, and FORSBERG, Judge.

OPINION

HUDSON, Judge.

Trust beneficiary John R. Horton is incapacitated and has been civilly committed by Crow Wing County to the Brainerd Regional Treatment Center. Crow Wing County Social Services (CWCSS) seeks review of a district court order concluding that the assets of the John R. Horton Irrevocable Trust were not "available" liquid assets, thus relieving the trustee from any obligation to fund Horton's placement in a less-restrictive, adult-care...

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