Wednesday, December 04, 2013

welfare - transfer of assets - renunciation of right to remaining principal in residual trust

Shell v. DPW – Cmwlth. Court – December 4, 2013

This case presents an issue of first impression as to whether a beneficiary’s renunciation of her right to the remaining principal in a terminated residual trust, originally created by will, constitutes a transfer of assets for less than fair consideration thereby affecting her eligibility for Medical Assistance - Long Term Care (MA-LTC) benefits.

Specifically, Dorothy Schell petitions for review of the final administrative action order of the Department of Public Welfare, affirming the adjudication and order of an administrative law judge ) recommending the denial of Petitioner’s appeal from the determination of the Northumberland County Assistance Office  that she was ineligible for MA-LTC benefits for the period from January 28, 2011, through August 16, 2012. We affirm.