Kline Ex Rel. Kline v. Utah Department of Health

OPINION

JACKSON, Judge:

An incompetent person, Mitchell H. Kline, by his guardian ad litem, challenges a Utah Department of Health (“Department”) determination that he is ineligible for Medicaid nursing home benefits. The Department ruled that Mr. Kline’s available assets exceeded allowable limits because a durable power of attorney executed by him in 1984, while competent, amended a 1968 trust agreement and conferred authority upon his attorney-in-fact to modify or revoke the trust. We reverse and remand.

FACTS

In 1968, Mr. Kline, as trustor, and First Security Bank, as trustee, entered into a…