Maxson v. Department of Children & Families

This is an appeal of an order denying appellant Medicaid benefits based on a finding that she has assets valued beyond the maximum established by law. The issue is whether the assets in appellant’s irrevocable trust are to be considered appellant’s assets for purposes of determining her eligibility for Medicaid benefits.

The Department of Children and Families (DCF) denied appellant’s request for benefits. That decision was affirmed by a hearing officer who concluded that because the assets of the trust are available to appellant, the trust meets the definition of a Medicaid Qualifying Trust…