Friday, August 10, 2007

welfare - MA- resources - disretionary support trust

DeBone v. DPW - Commonwealth Court - Masy 31, 2007

Held,discretionary support trust should be included as a resource in determining eligibility for MA benefits. Trust consisted of $145,000 and trustees could use the money for petitioner's benefit. Petitioner's resource held to exceed $2400 limit under 55 Pa. Code 178.1(a),178.2 and 178.4. Beneficiary's interest depends on settlor's intent. Rosenberg v. DPW, 679 A2d 767 (Pa. 1996).; Shaak v. DPW, 747 A2d 883, 886 (Pa. 2000). Court applied factors cited in those cases, especially that trustee had discretion to use the trust principal for the welfare etc of the beneficiary.