Lozada v. Commonwealth

Opinion by

Judge Colins,

Hamilton Bank, in its capacity as guardian of John J. Lozada, an incompetent (petitioner), appeals from a final order of the Department of Public Welfare (Department) terminating petitioners medical assistance benefits for nursing home care on the grounds that petitioner had “funds in excess of eligibility limits.” Public Assistance Eligibility Manual, §177.83, Income Maintenance Bulletin No. 177-84-44. The Department in this case affirmed the hearing officers denial of benefits. We affirm the Department.

*69As the result of a motorcycle accident, petitioner cannot speak or…