Appeal 1404097

Fair Hearing Decision 1404097

The HR Realty Trust is in fact revocable by appellant because she is the Settlor, regardless of her resignation as Trustee; appellant and her late husband removed the property from the HR Trust on May 20, 2004, and deeded the property back to themselves as tenants by the entirety so that they could obtain a mortgage; home is countable asset.

Appeal 1216920

Fair Hearing Decision 1216920

Community spouse refused to disclose her assets (assets held by her individually); community spouse had assigned to MassHealth the institutionalized spouse’s rights to support; community spouse’s responsibility to disclose assets held individually is waived if the institutionalized spouse’s right to support from the community spouse has been assigned to the state; MassHealth ordered to proceed with substantive determination of eligibility.

Appeal 0809900

Fair Hearing Decision 0809900

The caregiver agreement entered into by appellant’s daughter in her capacity as appellant’s power-of-attorney, and appellant’s son as caregiver, is a disqualifying transfer of assets; less than fair market value; no acceptable tangible evidence that appellant received an assisted living level of care in her son’s home.