Hecker v. Stark County Social Service Board
North Dakota Supreme Court
1Opinion of the Court
December 20, 1994.
LEVINE, Justice.
Herman Hecker appeals from an order affirming the Stark County Social Service Board’s denial of medicaid benefits. The appeal presents the question whether a parent may establish a trust to benefit her adult developmentally disabled son which provides funds for his special needs that are not provided for by public assistance without making him ineligible to receive medicaid benefits. We hold she may, and we reverse and remand.
FACTS
The facts are not in dispute. Herman Hecker is a single, fifty-four-year-old, developmentally disabled male residing in a group…
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