Department Of Mental Health v. Phillips

500 N.E.2d 29 (1986)

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Nature of the Case

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Facts

This trust instrument authorized the trustee to expend as much of the trust assets as the trustee deems advisable for the beneficiary's education, maintenance, medical care, support, general welfare, and comfortable living. Sue Phillips executed the trust instruments shortly after Steven reached his 18th birthday. Under that time, it was clear that Sue was under no obligation to reimburse the Department for services. The issue was the ability of the Department to invade the trust to reimburse the State for the care is supplied Steven.