Legal Opinion

Schell v. Department of Public Welfare

Commonwealth Court of Pennsylvania

Decided December 4, 2013PublishedCited by 3 opinions

1Opinion of the Court

OPINION BY

Judge McCULLOUGH.

This case presents an issue of first impression as to whether a beneficiary’s renunciation of her right to the remaining principal in a terminated residual trust, originally created by will, constitutes a transfer of assets for less than fair consideration thereby affecting her eligibility for Medical Assistance — Long Term Care (MA-LTC) benefits. Specifically, Dorothy Schell (Petitioner) petitions for review of the January 17, 2013 final administrative action order of the Department of Public Welfare (DPW), Bureau of Hearings and Appeals (BHA), affirming the…

2Cases cited4 opinions

  1. Bird v. Pennsylvania Department of Public WelfareCommonwealth Court of Pennsylvania · 1999
  2. Estate of Rosenberg v. Department of Public WelfareSupreme Court of Pennsylvania · 1996
  3. Gilroy v. Department of Public WelfareCommonwealth Court of Pennsylvania · 2008
  4. DeBone v. Department of Public WelfareCommonwealth Court of Pennsylvania · 2007

3Cited by3 opinions

  1. Lutheran Home at Kane & Siemon's Lakeview Manor Estate v. DHSCommonwealth Court of Pennsylvania · 2024
  2. Martin, C. v. Paul, S. and Martin, C.Superior Court of Pennsylvania · 2023
  3. R. Kimmel v. DHSCommonwealth Court of Pennsylvania · 2026

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