I.G. v. DMAHS


900 A.2d 840 (2006)

386 N.J. Super. 282

I.G., Petitioner-Appellant, v. DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 13, 2006.


Attorney(s) appearing for the Case

John E. Nevins, Surf City, attorney for appellant.

Zulima V. Farber, Attorney General, attorney for respondent (Michael J. Haas, Assistant Attorney General, of counsel; Elisabeth Doyle, Deputy Attorney General, on the brief).

Before Judges KESTIN, LEFELT and R.B. COLEMAN.


The opinion of the court was delivered by

LEFELT, J.A.D.

Petitioner I.G., who suffers from Alzheimer's disease and resides in a nursing home, appeals from a final decision of the Director of the Division of Medical Assistance and Health Services (DMAHS) that rendered her ineligible for Medicaid benefits. DMAHS found I.G. ineligible because she did not, upon her husband's death, elect the marital share of his estate, which, by will, passed his entire residuary...

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