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Public Health — medical assistance — eligibility

By: WISCONSIN LAW JOURNAL STAFF//October 13, 2011//

Public Health — medical assistance — eligibility

By: WISCONSIN LAW JOURNAL STAFF//October 13, 2011//

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Wisconsin Court of Appeals

Civil

Public Health — medical assistance — eligibility

Assets belonging to a trust that was created by the children of an applicant for medical assistance, the same day, and in the same document that transferred the applicant’s assets to her children, are available assets in determining the applicant’s eligibility.

“The documentary evidence in this case shows that the Hedlunds transferred all their property except for one checking account to their children, and, on the same day in the same document, the children transferred that property to the trust, which was also created on that same day. The ALJ’s inference that Hedlund transferred her assets to her children for the purpose of establishing the trust for her and her husband’s benefit is certainly a reasonable inference from the evidence, if not the only reasonable inference. This reasonable inference—that the purpose of the transfer of assets to her children was so that her children would establish a trust for the benefit of her and her husband—satisfies the requirement in WIS. STAT. § 49.454(1)(a) that her children created the trust at the direction or upon the request of Hedlund and her husband.”

Affirmed.

Recommended for publication in the official reports.

2010AP3070 Hedlund v. DHS

Dist. III, Polk County, Rasmussen, J., Vergeront, J.

Attorneys: For Appellant: Jacobson, Thomas R., Hudson; Odeen, Diane M., Hudson; For Respondent: Hunter, Robert M., Madison

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