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HEGADORN v. DEPT. OF HUMAN SERVICES

Docket No. 156132, Docket No. 156133, Docket No. 156134 Calendar No. 3.

931 N.W.2d 571 (2019)

503 Mich. 231

Ralph D. HEGADORN, Personal Representative of the Estate of Mary Hegadorn, Plaintiff-Appellant, v. DEPARTMENT OF HUMAN SERVICES DIRECTOR, Defendant-Appellee. Deborah D. Trim, Personal Representative of the Estate of Dorothy Lollar, Plaintiff-Appellant, v. Department of Human Services Director, Defendant-Appellee. Denise Tindle, Personal Representative of the Estate of Roselyn Ford, Plaintiff-Appellant, v. Department of Health and Human Services, Defendant-Appellee.

Supreme Court of Michigan.

Decided May 9, 2019.

Attorney(s) appearing for the Case

Steward & Sheridan, PLC (by James B. Steward , Ishpeming and Angela M. Hentkowski ) for plaintiffs.

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, and Geraldine A. Brown and Chantal B. Fennessey , Assistant Attorneys General, for defendants.

James Schuster , Southfield, for Amici Curiae, the Elder Law and Disability Rights Section of the State Bar of Michigan and the Michigan Chapter of the National Academy of Elder Law Attorneys.

Tuesley Hall Konopa LLP (by Jennifer L. VanderVeen ) and Landsman Law Group (by Ron M. Landsman ) for Amicus Curiae, the National Academy of Elder Law Attorneys.

BEFORE THE ENTIRE BENCH (except Cavanagh, J.)

OPINION

In these consolidated cases, the individual plaintiffs1 were elderly women receiving long-term care in nursing homes. In each case, the plaintiff, an "institutionalized spouse,"2 began receiving long-term care at...

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