Harris v. Department of Human Services
Case Date: 01/30/2004
Court: 2nd District Appellate
Docket No: 2-03-0011 Rel
IN THE
JUSTICE McLAREN delivered the opinion of the court: Plaintiff, Ruth Harris, appeals from the trial court's order affirming the order of defendants,the Department of Human Services (DHS) and the Department of Public Aid (DPA) (collectively,"the State agencies"). We affirm. We first note that Ruth Harris, Bernice's daughter, had Bernice's power of attorney andinitiated these proceedings. We also note that Bernice died during the pendency of the proceedings,which were continued by Ruth as executor of Bernice's estate. Bernice Harris, a nursing home resident, applied for Medicaid assistance under the MedicalAssistance - No Grant (MANG) program. Bernice's husband, David, was not a nursing homeresident; therefore, Bernice sought to transfer assets to David pursuant to section 120.379(d) of theIllinois Administrative Code (89 Ill. Adm. Code |