Department of Income Maintenance v. Watts

558 A.2d 998, 211 Conn. 323, 1989 Conn. LEXIS 148
CourtSupreme Court of Connecticut
DecidedMay 30, 1989
Docket13585
StatusPublished
Cited by12 cases

This text of 558 A.2d 998 (Department of Income Maintenance v. Watts) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Income Maintenance v. Watts, 558 A.2d 998, 211 Conn. 323, 1989 Conn. LEXIS 148 (Colo. 1989).

Opinion

Shea, J.

The issue in this case is whether the Probate Court may properly approve, pursuant to General Statutes § 45-300 (b),1 the disclaimer, by a conservator of an incapable person receiving state assistance, of his ward’s interest in a testamentary trust, in view of the prohibition in General Statutes (Rev. to 1987) § 17-82j against dispositions of the property of state aid recipients.

Patricia Watts, ward of the defendant conservator, is a remainder beneficiary of a testamentary trust created under the will of her grandmother, who died in 1950. The life beneficiary of the trust, Patricia’s father, died on July 20, 1985. The remaindermen, Patricia and her three brothers, were then each entitled to receive approximately $80,000 as one quarter of the corpus of the trust.

[325]*325At the time of her father’s death, Patricia, as a result of a traumatic brain injury, was residing in a group home for the retarded and handicapped and was being supported through federal Medicaid and state disability assistance. 42 U.S.C. §§ 1396 through 1396k; General Statutes (Rev. to 1987) §§ 17-109,17-111. She has received approximately $10,000 in Medicaid assistance and approximately $43,000 in disability assistance.

After the death of Patricia’s father, the life tenant, her conservator applied to the Probate Court pursuant to General Statutes § 45-300 (b) for permission to disclaim his ward’s right to receive any portion of her interest as a remainderman. The conservator proposed that a spendthrift trust be created from those funds that Patricia would have received and that the proceeds from the spendthrift trust be used to supplement her medical care and personal needs. The Probate Court approved the disclaimer and permitted the establishment of such a spendthrift trust.

The state appealed to the Superior Court, claiming that the disclaimer is barred by § 17-82j. Section 17-82j provides that, without the consent of the commissioner of income maintenance, one may not dispose of any property obtained while receiving public assistance payments. Both parties moved for summary judgment. The trial court noted that under § 45-300 (e), “[a] disclaimer shall relate back for all purposes to the date of death of the decedent or of the donee.” The court reasoned, therefore, that because, in 1950, § 17-82j had not yet been enacted and the ward was not then receiving federal and state assistance, the common law of disclaimers, rather than § 17-82j, should control, and the disclaimer should be approved. Accordingly, the court granted the conservator’s motion for summary judgment. This appeal followed.

[326]*326I

We first consider whether the state had standing to appeal from the decision of the Probate Court. General Statutes § 45-288 provides that any person aggrieved by any order or decree of a Probate Court may appeal therefrom to the Superior Court. See Lenge v. Goldfarb, 169 Conn. 218, 220, 363 A.2d 110 (1975). In determining whether a party is aggrieved, the test is whether there is a possibility, as distinguished from a certainty, that some legally protected interest that he has in the estate has been adversely affected. Williams v. Houck, 143 Conn. 433, 438,123 A.2d 177 (1956); O’Leary v. McGuinness, 140 Conn. 80, 83, 98 A.2d 660 (1953). The qualifying interest may be a direct pecuniary one, or it may consist of an injurious effect upon some legally protected right or status of the appellant. Maloney v. Taplin, 154 Conn. 247, 250, 224 A.2d 731 (1966). Thus, we examine first the nature of the state’s interest in Patricia’s estate, and second, the adverse effect on that interest of the Probate Court’s decision. Baskin’s Appeal from Probate, 194 Conn. 635, 638, 484 A.2d 934 (1984); Hartford Kosher Caterers, Inc. v. Gazda, 165 Conn. 478, 485, 338 A.2d 497 (1973).

The conservator maintains that the state has not demonstrated that it has “sustained an injury to a specifically protected legal right,” and, therefore, that it cannot establish aggrievement. The conservator’s claim is wholly without merit, however, because it assumes that the state has no right to seek reimbursement for funds disbursed on behalf of the ward. Cf. Commissioner of Finance & Control v. Whitfield, 35 Conn. Sup. 622, 624, 403 A.2d 709 (1978). General Statutes § 17-83e, for example, furnishes the state with a mechanism for asserting such a right. Section 17-83e provides in part that “[i]f a beneficiary of aid under this chapter has or acquired property of any kind or inter[327]*327est in any property, estate or claim of any kind, the state of Connecticut shall have a claim . . . against such beneficiary for the full amount paid ... to him or in his behalf under said chapter.” The record discloses that if the disclaimer had been disallowed by the Probate Court, the ward would have received approximately $80,000, her one-fourth interest in the corpus of the trust. The state undoubtedly would have claimed an entitlement to some portion of that money and would have reassessed the ward’s eligibility for assistance under title XIX and state disability guidelines. We need not determine, of course, whether the state would prevail on a claim brought pursuant to § 17-83e, because, as stated earlier, the question for establishing aggrievement is whether there is some possibility that a protected interest has been adversely affected. Williams v. Houck, supra. Nonetheless, the apparent effect of the disclaimer in the present case is that the ward will not have any assets that can be reached for reimbursement, and the state’s possible claim under § 17-83e will be thwarted. We conclude, therefore, that the possible adverse effect on the state’s right to seek reimbursement under § 17-83e is sufficient to establish aggrievement in this case.

II

The state maintains that the conservator’s attempt to disclaim is barred by General Statutes (Rev. to 1987) § 17-82J, which provides in part: “If any person receiving an award . . . under this chapter . . . receives property, wages, income or resources of any kind, such person or beneficiary, within fifteen days after obtaining knowledge of or receiving such property, wages, income or resources, shall notify the commissioner thereof in writing. No such person or beneficiary shall sell, assign, transfer, encumber, or otherwise dispose of any property without the consent of the commissioner.” The conservator, on the other hand, points out [328]

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Bluebook (online)
558 A.2d 998, 211 Conn. 323, 1989 Conn. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-income-maintenance-v-watts-conn-1989.