PFEIFER v. STATE, DEPT. OF HEALTH

No. S-13913.

260 P.3d 1072 (2011)

John PFEIFER, Personal Representative of the Estate of Sarah Pfeifer, on behalf of Sarah Pfeifer, Appellant, v. STATE of Alaska, DEPARTMENT OF HEALTH & SOCIAL SERVICES, DIVISION OF PUBLIC ASSISTANCE, Appellee.

Supreme Court of Alaska.

September 23, 2011.


Attorney(s) appearing for the Case

John W. Pfeifer , pro se, Kenai, Appellant.

Dario Borghesan , Assistant Attorney General, Anchorage, and John J. Burns , Attorney General, Juneau, for Appellee.

Before: CARPENETI, Chief Justice, FABE, WINFREE, CHRISTEN, and STOWERS, Justices.


OPINION

CARPENETI, Chief Justice.

I. INTRODUCTION

An elderly woman requiring long-term medical care gave $120,000 to her son in February 2007. The mother believed that the gift would not prevent her from receiving Medicaid coverage if she lived long enough to exhaust her remaining assets. She relied on a provision in Alaska's Medicaid eligibility manual that suggested prospective Medicaid beneficiaries could give away a portion of their...

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