PACK v. OSBORN

Nos. 2006-1207 and 2006-1343.

117 Ohio St.3d 14 (2008)

2008-Ohio-90

PACK, TRUSTEE, APPELLEE, v. OSBORN ET AL., APPELLEES; LICKING COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES, APPELLANT.

Supreme Court of Ohio.

Decided January 17, 2008.


Attorney(s) appearing for the Case

Browning & Meyer Co., L.P.A., and William J. Browning; and Isaac, Brant, Ledman & Teetor, L.L.P., Dennis Newman, and Mark H. Troutman, for appellee Loretta Pack.

Rachel C. Oktavec, Assistant Licking County Prosecuting Attorney, for appellant.

Marc Dann, Attorney General, Elise Porter, Acting Solicitor General, Stephen P. Carney, Deputy Solicitor, and Ara Mekhjian, Assistant Solicitor, urging reversal for amicus curiae Ohio Attorney General.

Hickman & Lowder Co., L.P.A., Janet L. Lowder, and David A. Myers; Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., Richard E. Davis, and Jennifer L. Lile; and Eugene P. Whetzel, Ohio State Bar Association, urging affirmance for amici curiae Ohio State Bar Association, National Academy of Elder Law Attorneys, and Down Syndrome Association of Central Ohio.


CUPP, J.

{¶ 1} In this certified-conflict case and discretionary appeal, we hold that when a trust beneficiary applies for public assistance such as Medicaid, the eligibility rules in effect at the time of the application must be applied to the applicant. Because the court of appeals held otherwise, we must reverse.

I

{¶ 2} In 1987, Maebelle Osborn established an...

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