AC45560 - Romanelli v. Department of Social Services (Administrative appeal; "The plaintiff, Antoinetta Romanelli, executor of the estate of her husband, Antonio Romanelli
(applicant), appeals from the judgment of the Superior
Court dismissing her appeal from the decision of the
defendant, the Department of Social Services, denying
long-term care Medicaid benefits to the applicant. The
plaintiff claims that (1) certain real property, which was
contained in a trust and which the defendant used in
its calculations to determine that the applicant was over
the asset limit for Medicaid eligibility, was not actually
available to the applicant due to his alleged incapacity
to revoke the trust and therefore should not have been
used to calculate his Medicaid eligibility and (2) the
defendant violated due process by failing to provide
notice to the applicant and/or his personal representative that the revocability of the trust was at issue in
calculating the applicant’s Medicaid eligibility. We disagree and, accordingly, affirm the judgment of the Superior Court.")