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IN RE DECISION OF COM'R

No. A06-559.

725 N.W.2d 114 (2006)

In re Appeal of DECISION OF COMMISSIONER OF HUMAN SERVICES IN the APPEAL OF Lillian FLYGARE FOR MEDICAL ASSISTANCE.

Court of Appeals of Minnesota.

December 19, 2006.

Attorney(s) appearing for the Case

Christopher E. Sandquist, Gislason & Hunter, LLP, Mankato, MN, for appellant Lillian Flygare.

Kenneth R. White, Assistant County Attorney, Nicollet County Attorney's Office, St. Peter, MN, for respondent Nicollet County.

Mike Hatch, Attorney General, Robin C. Vue-Benson, Assistant Attorney General, St. Paul, MN, for respondent Commissioner of Human Services.

Considered and decided by KLAPHAKE, Presiding Judge, ROSS, Judge, and HARTEN, Judge.

OPINION

KLAPHAKE, Judge.

Appellant Lillian Flygare, through her son and attorney-in-fact Marcus Flygare, challenges the denial of her application for medical-assistance benefits. Her application was initially denied after respondent Nicollet County determined that she has assets available from a trust established by her deceased husband. Following a hearing, an appeals referee recommended affirming the county's decision; that recommendation was adopted by...

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