I.G. v. Department of Human Services

The opinion of the court was delivered by

LEFELT, J.A.D.

Petitioner I.G., who suffers from Alzheimer’s disease and resides in a nursing home, appeals from a final decision of the Director of the Division of Medical Assistance and Health Services (DMAHS) that rendered her ineligible for Medicaid benefits. DMAHS found I.G. ineligible because she did not, upon her husband’s death, elect the marital share of his estate, which, by will, passed his entire residuary estate to a testamentary trust that afforded the trustee sole discretion to expend funds for I.G.’s needs. In her appeal, I.G. argues…