Commonwealth Bank & Trust Co. v. Commonwealth

PALLADINO, Judge.

Commonwealth Bank and Trust Company and Paul W. Reeder, (Petitioners) co-trustees under the will of Robert H. Thorne, appeal from an order of the Department of Public Welfare (DPW) affirming a decision of the Lycoming County Assistance Office (CAO) denying medical assistance benefits for Joan S. Frymire. For the reasons set forth below, we affirm.

The sole issue presented in this appeal is whether the principal of a testamentary trust is a resource which must be considered in determining Mrs. Frymire’s medical assistance eligibility. There is no dispute that Mrs. Frymire would…