Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | Celebrities as Glamour Species in the #MeToo Ecosystem | LESLEY WEXLER | | Illinois law professor Lesley Wexler explores the extent to which the role of famous, white, cis, heterosexual women as some of the most visible faces in the #MeToo movement helps or hinders the campaign. Professor Wexler proposes that conservation biology can help us understand the role of these celebrity women and harness their contributions to the #MeToo movement and also provide better assistance to other individuals and communities facing their own #MeToo struggles. | Read More |
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Massachusetts Supreme Judicial Court Opinions | Guilfoil v. Secretary of Executive Office of Health & Human Services | Docket: SJC-12922 Opinion Date: February 9, 2021 Judge: Cypher Areas of Law: Public Benefits | The Supreme Judicial Court reversed the judgment of the superior court judge affirming the decision of a hearing officer upholding MassHealth's denial of Plaintiff's application for Medicaid benefits on the grounds that Plaintiff's life estate interest in certain property as a beneficiary rendered Plaintiff ineligible for long-term care benefits, holding that Plaintiff's life estate was not a countable asset for Medicaid eligibility purposes. Plaintiff created a trust and transferred her home to the trust. Plaintiff had a life estate interest in the property under the trust, and the other five beneficiaries - her children - had a remainder interest as joint tenants with rights of survivorship. After Plaintiff moved to a long-term nursing facility she applied for long-term benefits from MassHealth. MassHealth denied the application, determining that Plaintiff's countable assets exceeded the $2,000 limit. A hearing officer and a superior court judge affirmed. The Supreme Court reversed, holding (1) because the trust was a nominee trust and not a true trust, Plaintiff's only interest in the property was a life estate; and (2) it was error to include the value of the property as an asset in Plaintiff's Medicaid eligibility determination. | |
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