This section contains the nature of the case and procedural background.

Janet was the life beneficiary of a $53,000 irrevocable trust created by her father. The trustee was directed to pay such amounts of the net income and principal as she deemed necessary for the benefit of Janet, but she was not permitted to make distributions which would render Janet ineligible or cause a reduction in benefits she may be entitled to receive from the government of Medicaid. Janet entered a nursing facility, and the trustee refused to pay the bill and Janet applied for Medicaid benefits. Her application was denied as the trust was a countable resource. The trial court agreed and ruled against the trustee and for the government; the enforcement of such a provision was against public policy. The trial court reversed; no public policy provisions rendered the provision in the trust unenforceable.

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