McNamara v. Ohio Department of Human Services

Fain, Judge.

Plaintiff-appellant Rheba McNamara appeals from a decision of the Montgomery County Court of Common Pleas affirming an administrative determination finding her ineligible to receive Medicaid nursing home vendor payments for a period of thirty months upon the ground that she and her husband had improperly transferred most of their assets to a “spousal annuity trust,” allegedly established for the sole benefit of the husband. Mrs. McNamara argues that the trial court erred in affirming the administrative decision because the trust instrument that she and her husband used to shelter…