Masterson v. Department of Social Services, Division of Family Services

PRICE, Judge.

I

The director of the Division of Family Services determined that Margaret Master-son was not eligible for supplemental nursing care benefits because of her interest in a Medicaid Qualifying Trust. The trial court and court of appeals agreed. We affirm. Although the trust language limits the payments to Masterson only to those that supplement government benefits, we find that the trust assets are available to Masterson because the trustee can revoke the trust and cause the entire trust corpus to be paid to her.

II

On October 10,1991, Henry Stillman, Mas-terson’s brother, created the…