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BUETTNER v. DHFS

No. 01-0981.

264 Wis.2d 700 (2003)

2003 WI App 90

663 N.W.2d 282

No. 99-CV-1351 Ann BUETTNER, Plaintiff-Appellant, v. WISCONSIN DEPARTMENT OF HEALTH & FAMILY SERVICES and Department of Workforce Development, Defendants-Respondents. No. 00-CV-305 Ann BUETTNER, Plaintiff-Appellant, v. WISCONSIN DEPARTMENT OF HEALTH AND FAMILY SERVICES, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 17, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Carol J. Wessels and Donna Thompson-Schneider of Senior LAW of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of James E. Doyle, attorney general, and Robert M. Hunter, assistant attorney general.

Before Dykman, Roggensack and Lundsten, JJ.

¶ 1. ROGGENSACK, J.

Ann Buettner appeals a circuit court order affirming the determination of the Division of Hearings and Appeals (DHA) to terminate Ann's medical assistance due to the divestment of assets. Ann argues that her husband Richard's purchase of two "balloon annuities" did not constitute a prohibited divestment under WIS. STAT. § 49.453 (1997-98).1 We conclude that § 49.453 required DHFS to examine whether Richard...

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