Harris v. Department of Human Services

State: Illinois

Court: 2nd District Appellate

Docket No: 2-03-0011 Rel

Case Date: 01/30/2004

No. 2--03--0011

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

RUTH L. HARRIS, as Ex'r of
the Estate of Bernice Harris,

Plaintiff-Appellant,

THE DEPARTMENT OF HUMAN
SERVICES, LINDA RENEE BAKER,
Secretary, THE DEPARTMENT OF
PUBLIC AID, JACKIE GARNER,
Director,

Defendants-Appellees.

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Appeal from the Circuit Court
of Winnebago County.

No. 02--MR--63

Honorable
Janet Clark Holmgren,
Judge, Presiding.

JUSTICE McLAREN delivered the opinion of the court:

Plaintiff, Ruth Harris, appeals from the trial court's order affirming the order of defendants,the Department of Human Services (DHS) and the Department of Public Aid (DPA) (collectively,"the State agencies"). We affirm.

We first note that Ruth Harris, Bernice's daughter, had Bernice's power of attorney andinitiated these proceedings. We also note that Bernice died during the pendency of the proceedings,which were continued by Ruth as executor of Bernice's estate.

Bernice Harris, a nursing home resident, applied for Medicaid assistance under the MedicalAssistance - No Grant (MANG) program. Bernice's husband, David, was not a nursing homeresident; therefore, Bernice sought to transfer assets to David pursuant to section 120.379(d) of theIllinois Administrative Code (89 Ill. Adm. Code