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ATTORNEYS FOR APPELLANT Gregory F. Zoeller Attorney General of Indiana Elizabeth Rogers Deputy Attorney General Indianapolis, Indiana Frances H. Barrow Deputy Attorney General Indianapolis, Indiana

ATTORNEY FOR APPELLEE Douglas R. Denmure Aurora, Indiana

FILED
May 25 2010, 10:39 am
of the supreme court, court of appeals and tax court

CLERK ______________________________________________________________________________

Indiana Supreme Court
_________________________________ 69S01-0905-CV-233 INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, Appellant (Respondent below), v. ALICE V. MEYER, NOW DECEASED, DIANNE M. RYNN TRUSTEE OF THE ALICE V. MEYER TRUST DATED DECEMBER 19, 2001, Appellee (Petitioner below). _________________________________ Appeal from the Ripley Circuit Court, No. 69C01-0612-MI-14 The Honorable Carl H. Taul, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 69A01-0807-CV-358 _________________________________ May 25, 2010 Boehm, Justice. We hold that a trial court has no authority to grant an extension of time to file the record in a petition for review of an administrative agency action under the Indiana Administrative

In the

Orders and Procedures Act if the record is not filed within the required statutory period or any authorized extension of this period. Facts and Procedural History1 After her husband`s death in 2001, Alice Meyer formed the Alice V. Meyer Trust for the benefit of her descendents and gave the Trust a remainder interest in her family farm after her retained life estate. On September 9, 2005, Meyer and the Trust applied for Medical Assistance for the Aged (Medicaid). The application was denied for Meyer`s failure to spend down her assets. Specifically, the Ripley County Office of the Division of Family Resources of the Indiana Family and Social Services Administration (FSSA) determined this disposition of her interest in the farm rendered her ineligible for assistance. Meyer sought a hearing before an Administrative Law Judge (ALJ), but died while her eligibility was being resolved. Among other factors, Meyer`s eligibility for aid was limited by the value of the remainder interest in the farm, which she transferred to the Trust for benefit of others, rather than liquidating it and spending the proceeds to support herself. Indiana Client Eligibility System (ICES) Program Policy Manual

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