Legal Opinion

Hedlund v. Wisconsin Department of Health Services

Court of Appeals of Wisconsin

Decided October 13, 2011No. 2010AP3070Published

1Opinion of the CourtVergeront, J.

¶ 1. Lucille Hedlund appeals an order of the circuit court affirming an administrative decision denying her medical assistance on the ground that a trust is an available resource for her. Hedlund *637contends the trust is not an available asset within the meaning of Wis. Stat. § 49.454(3)(a) (2007-08).1 Specifically, Hedlund contends that her resources were not used to form the trust because the assets that her children placed into the trust were gifts she had given them that day; thus, § 49.454 does not apply. We conclude that the trust is available to Hedlund under § 49.454(3)(a). Accordingly,…

2Cases cited7 opinions

  1. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  2. Racine Harley-Davidson, Inc. v. State Division of Hearings & AppealsWisconsin Supreme Court · 2006
  3. State v. Outagamie County Board of AdjustmentWisconsin Supreme Court · 2001
  4. Tannler v. Wisconsin Department of Health & Social ServicesWisconsin Supreme Court · 1997
  5. Kitten v. State Department of Workforce DevelopmentWisconsin Supreme Court · 2002

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