Makedonsky v. ND Department of Human Services
Minnie Makedonsky, Appellant
North Dakota Department
of Human Services, Appellee
Southeast Judicial District,
Judge Thomas J. Schneider
|Nature of Action:||Administrative Proceeding|
|Term:||11/2007  Argument: 11/06/2007|
|ND cite:||2008 ND 49|
746 N.W.2d 185
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Did the North Dakota Department of Human Services err by counting for purposes of Medicaid eligibility the assets that Appellant transferred before the applicable look-back period?
2. Did the North Dakota Department of Human Services err by counting for purposes of Medicaid eligibility the assets that Appellant transferred by and through her attorney-in-fact, pursuant to a validly executed power of attorney, to someone other than the attorney-in-fact?
3. Did the North Dakota Department of Human Services err by counting for purposes of Medicaid eligibility the assets that Appellant transferred by and through her attorney-in-fact, pursuant to a validly executed power of attorney, to all of Appellant's children jointly, which included the agent?
4. Did the North Dakota Department of Human Services err by determining that the effective date of the Appellant's transfers of assets was the date that Appellant ratified the transfers instead of the actual date of the transfers?
Reply Brief Issues
1. At The time of Signing the Statement of Intention to Gift, Minnie Ratified The Previous Transfers And This Ratification Applies Retroactively to the Date of the Transfers.
2. Only Those Transfers To JoAnn Are Subject To The Presumption Of Undue Influence And Any Presumption Of Undue Influence Was Overcome By Minnie's Signing Of The Statement Of Intention To Gift.
Appellee's Statement of the Issues:
1. The North Dakota Department of Human Services found the date on which Makedonsky signed a Statement of Intent to Gift was the date on which she made a disqualifying transfer of her "chose in action" to seek to have assets transferred by her Attorney-in-Fact returned to her. The issue is whether this finding was supported by the facts and the law.
2. The Department of Human Services found the evidence presented by Makedonsky did not rebut the presumption of undue influence that arises when a person in a confidential relationship gains an advantage from the beneficiary. The issue is whether this finding was supported by the facts and the law.
|Add Docket 20070183 RSS|
|1||06/25/2007 NOTICE OF APPEAL: 06/20/2007|
|2||06/25/2007 ORDER FOR TRANSCRIPT: 06/20/2007|
|3||06/28/2007 Reset due date for Appellant's Brief as no transcript will be filed|
|4||06/28/2007 ACTION BY CLERK (reset due date for Appellant's Brief). Granted: 07/30/2007|
|5||07/17/2007 MOT. EXT/TIME APPELLANT BRIEF|
|6||07/17/2007 ACTION BY CLERK (MOT. EXT/TIME ATB). Granted: 08/13/2007|
|7||07/17/2007 RECORD ON APPEAL w/Separate (Entry No. 9 - ND Dept. of Human Svcs. Cert. of Record).|
|8||07/24/2007 MOT. EXT/TIME APPELLANT BRIEF (Faxed letter from Damian J. Huettl dated 7-23-07)|
|9||07/23/2007 E-FILED MOTION (MAT) (faxed)|
|10||07/23/2007 ACTION BY CLERK (MAT). Granted: 08/20/2007|
|11||07/25/2007 Administrative appeal hearing transcript (10/4/06)|
|12||08/20/2007 APPELLANT BRIEF|
|13||08/20/2007 E-FILED BRIEF - ATB|
|14||08/21/2007 APPELLANT APPENDIX|
|15||08/21/2007 Received $25 surcharge for ATB (Receipt 17657)|
|16||09/12/2007 Received 8 copies of ATB from Central Duplicating|
|17||09/19/2007 APPELLEE BRIEF|
|18||09/20/2007 DISK - corrected aeb (e-mailed)|
|19||09/20/2007 8 cc each of corrected TOA & pgs for AEB|
|20||10/05/2007 REPLY BRIEF of Appellant (e-filed)|
|21||10/08/2007 E-FILED BRIEF (RYB)|
|22||10/05/2007 Certificate of Service by e-mail of RYB on opposing counsel|
|23||10/11/2007 Received copies of RYB from Central Duplicating|
|24||11/06/2007 APPEARANCES: Damian J. Huettl; Jean R. Mullen, Asst. Attorney General|
|25||11/06/2007 ARGUED: Huettl; Mullen|
|26||11/06/2007 ORAL ARGUMENT WEBCAST|
|27||03/20/2008 DISPOSITION: AFFIRMED|
|28||03/20/2008 SPLIT OPINION: Crothers, Daniel John|
|29||03/20/2008 DISSENT: Maring, Mary Muehlen: DISSENT|
|30||03/20/2008 DISSENT: Kapsner, Carol Ronning: JN/DIS|
|31||03/20/2008 Costs on appeal taxed in favor of Appellee.|
|32||03/24/2008 Judgment e-mailed to Parties|
|33||04/03/2008 PETITION FOR REHEARING (e-filed)|
|34||04/03/2008 E-FILED BRIEF (PER)|
|35||04/07/2008 Received 7 copies of PER from Central Duplicating|
|36||04/17/2008 ACTION BY SUPREME COURT. Denied|
|38||05/01/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|