Legal Opinion
Estate of Gonwa Ex Rel. Gonwa v. Wisconsin Department of Health & Family Services
Court of Appeals of Wisconsin
Decided June 11, 2003No. 02-2901PublishedCited by 5 opinions
1Opinion of the Court
NETTESHEIM, EJ.
¶ 1. The estate of Gerald F. Gonwa and the Gerald Gonwa Irrevocable Trust and Janice Gonwa Irrevocable Trust appeal from a circuit court order upholding a decision of the Wisconsin Department of Health and Family Services that applied a divestment penalty against Gerald pursuant to Wis. Stat. § 49.454 (2001-02) 1 in considering his application for medical assistance (MA). 2 The Department determined that Gerald divested assets when he and his spouse, Janice, sold a $150,000 private annuity to an irrevocable trust.
¶ 2. The Estate raises claims of due process, waiver and lack of…
2Cases cited9 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- UFE Inc. v. Labor & Industry Review CommissionWisconsin Supreme Court · 1996
- Sweet v. BergeCourt of Appeals of Wisconsin · 1983
- State v. DelaneyWisconsin Supreme Court · 2003
- Johnson v. GuhlDistrict Court, D. New Jersey · 2000
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3Cited by5 opinions
- Mackey v. Department of Human ServicesMichigan Court of Appeals · 2010
- Wieting Funeral Home of Chilton, Inc. v. Meridian Mutual InsuranceCourt of Appeals of Wisconsin · 2004
- State v. MacHganCourt of Appeals of Wisconsin · 2007
- Chippewa County Department of Human Services v. BushCourt of Appeals of Wisconsin · 2007
- Estate of Hagenstein Ex Rel. Klemmer v. Wisconsin Department of Health & Family ServicesCourt of Appeals of Wisconsin · 2006