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HEYN v. DIRECTOR OF THE OFFICE OF MEDICAID

No. 15-P-166.

89 Mass. App. Ct. 312 (2016)

EILEEN M. HEYN, personal representative, v. DIRECTOR OF THE OFFICE OF MEDICAID.

Appeals Court of Massachusetts, Worcester.

April 15, 2016.

Attorney(s) appearing for the Case

Patrick C. Tinsley ( Lisa M. Neeley with him) for the plaintiff.

Daniel J. Hammond , Assistant Attorney General, for the defendant.

Patricia Keane Martin , Robert P. Ford , Kathryn E. Szewczyk , & Don J.J. Cordell , for National Academy of Elder Law Attorneys (Massachusetts Chapter), amicus curiae, submitted a brief.

Present: GREEN, HANLON, & HENRY, JJ.

We are called upon yet again to review a determination that assets within a self-settled irrevocable inter vivos trust should be treated as available to the trust grantor for payment of nursing home expenses (and, correspondingly, render the grantor ineligible for Medicaid benefits)....

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