Appeal 1010857

Fair Hearing Decision 1010857

Appellant had been in the nursing home nearly 4 months when $36,312.50 was withdrawn from her Seamen’s account to “pay” her friend and attorney-in-fact “for services rendered pursuant to the DPOA”. MassHealth considered the money a gift and thus, a disqualifying transfer; no written agreement to pay for any services rendered; JK was acting as appellant’s trusted friend and there was no agreement that she would be paid to provide any personal care services within or outside of the four corners of the DPOA; the activities provided by JK for appellant do not have an ascertainable fair-market value.

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