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Gayan v. Illinois Department of Human Services

Case Date: 08/29/2003
Court: 3rd District Appellate
Docket No: 3-02-0545 Rel

No. 3--02--0545

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2003

 

LUCILLE GAYAN,  ) Appeal from the Circuit Court
) of the 13th Judicial Circuit
             Plaintiff-Appellant, ) La Salle County, Illinois
)
                         v. ) No. 01--MR--180
)
ILLINOIS DEPARTMENT OF )
HUMAN SERVICES, ) Honorable
) Robert C. Carter
            Defendant-Appellee. ) Judge Presiding

JUSTICE SLATER delivered the opinion of the court:

This action was brought by James P. Gayan, as agent underthe Lucille M. Gayan Power of Attorney, and subsequently by JamesP. Gayan as Special Representative of Lucille M. Gayan, deceased,against the Illinois Department of Human Services ("IDHS") andthe Illinois Department of Public Aid ("IDPA") (collectively,"the State agencies"). The State agencies found that theplaintiff, Lucille Gayan, had "available assets" as defined bythe Medicaid Act, of $250,066.42 in the form of the Lucille M.Gayan Trust. See 42 U.S.C.