Legal Opinion

Gardner v. Department of Social Welfare

Supreme Court of Vermont

Decided November 2, 1977No. 222-76PublishedCited by 3 opinions

1Opinion of the CourtBarney, C.J.

The appellant has been denied Medicaid and now appeals that determination. She is an 82-year-old widow presently residing in a nursing home. Two adult sons survive the father.

The essential facts begin in 1975. In June of that year the plaintiff and her husband, Lawrence Gardner, Sr., were living by themselves in an apartment in Burlington. Lawrence, Sr., notified his two sons, Lawrence, Jr., and John, that he was making each of them a $5,000 gift. This was consummated July 1,1975. In August, because of the plaintiff’s increasing senility, arrangements were made for Lawrence, Jr., to give up…

2Cases cited4 opinions

  1. Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
  2. Fuller v. City of RutlandSupreme Court of Vermont · 1961
  3. Estey v. LeveilleSupreme Court of Vermont · 1957
  4. Town of Dorset v. FausettSupreme Court of Vermont · 1975

3Cited by3 opinions

  1. Rutland Country Club, Inc. v. City of RutlandSupreme Court of Vermont · 1981
  2. State v. PlutaSupreme Court of Vermont · 1991
  3. TransCanada Hydro Northeast, Inc. v. Town of Newbury, State of VermontSupreme Court of Vermont · 2017

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