OYLOE v. NORTH DAKOTA DEPT. OF HUMAN SERV.

No. 20070251.

747 N.W.2d 106 (2008)

2008 ND 67

Clifford and Ruth OYLOE, Appellants v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, Appellee.

Supreme Court of North Dakota.

April 17, 2008.


Attorney(s) appearing for the Case

Damian J. Huettl, Larson, Latham and Huettl, Bismarck, N.D., for appellants.

Jean R. Mullen, Office of Attorney General, Bismarck, N.D., for appellee.


MARING, Justice.

[¶ 1] Clifford and Ruth Oyloe appeal from a judgment affirming a Department of Human Services decision denying their applications for Medicaid benefits because irrevocable trust assets exceeded Medicaid eligibility limits. We conclude the Department correctly determined that the trust proceeds from the sale of the Oyloes' home were available assets to pay for their care, rendering the Oyloes ineligible for Medicaid benefits. We affirm.

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