Colman v. Department of Mental Health

The issue in this case is whether the Department of Mental Health may seek reimbursement for the cost of care it provided to Barbara *432Hertsberg from a trust established for her benefit. The determinative question is who should be considered the settlor of the trust — Barbara Hertsberg, or her mother, Edith Hertsberg, who funded the trust pursuant to a court order. The probate court concluded that Barbara was the settlor, and that the department could seek reimbursement from the trust. The Court of Appeals held that Edith was the settlor, and that the trust could not be reached. We reverse, and…