IN RE POOLED ADVOCATE TRUST

Nos. 25536, 25902.

813 N.W.2d 130 (2012)

2012 S.D. 24

In re POOLED ADVOCATE TRUST. Fred Matthews and Gladys Matthews, Appellants, v. South Dakota Department of Social Services, Appellee.

Supreme Court of South Dakota.

Decided March 28, 2012.


Attorney(s) appearing for the Case

Becky A. Janssen , Special Assistant Attorney General, Pierre, South Dakota, Attorneys for appellant South Dakota Department of Social Services.

Thomas E. Simmons of Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for appellee Pooled Advocate Trust, Inc.

Kristi Vetri , Belleville, Illinois, Attorney for appellants Matthews.

Becky A. Janssen , Special Assistant Attorney General, Pierre, South Dakota, Attorneys for appellee South Dakota Department of Social Services.


KONENKAMP, Justice.

[¶ 1.] Pooled Advocate Trust, Inc. (PATI), the managing corporation for a Medicaid pooled trust, brought a declaratory judgment action on Medicaid eligibility issues associated with the trust and named the South Dakota Department of Social Services (DSS) as a necessary party. The circuit court granted summary judgment and declaratory judgment for PATI. Fred Matthews and Gladys Matthews transferred assets to the pooled trust. When Fred and...

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