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MAKEDONSKY v. DEPT. OF HUMAN SERVICES

No. 20070183.

746 N.W.2d 185 (2008)

2008 ND 49

Minnie MAKEDONSKY, Appellant v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, Appellee.

Supreme Court of North Dakota.

March 20, 2008.

Attorney(s) appearing for the Case

Damian J. Huettl, Larson, Latham and Huettl, L.L.P., Bismarck, N.D., for appellant.

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

CROTHERS, Justice.

[¶ 1] Minnie Makedonsky appeals from a district court judgment affirming a North Dakota Department of Human Services' decision denying her application for Medicaid benefits. She argues the Department erred in deciding assets transferred to her daughters by her attorney-in-fact were available to her for purposes of determining her Medicaid eligibility. We hold a preponderance of evidence supports...

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