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SCHELL v. DEPARTMENT OF PUBLIC WELFARE

No. 203 C.D. 2013

80 A.3d 844 (2013)

Dorothy SCHELL, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided December 4, 2013.

Attorney(s) appearing for the Case

S. Justin Davis , Harrisburg, for petitioner.

Addie A. Abelson , Assistant Counsel, Harrisburg, for respondent.

BEFORE: PELLEGRINI, President Judge, SIMPSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge McCULLOUGH.

This case presents an issue of first impression as to whether a beneficiary's renunciation of her right to the remaining principal in a terminated residual trust, originally created by will, constitutes a transfer of assets for less than fair consideration thereby affecting her eligibility for Medical Assistance — Long Term Care (MA-LTC) benefits. Specifically, Dorothy Schell (Petitioner) petitions for review of the January 17,...

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