In order to qualify for assistance to the aged, blind, or disabled, an individual:
(1) Must be a bona fide resident of the State of Nebraska, except that a resident of another state who enters the State of Nebraska solely for the purpose of receiving care in a home licensed by the Department of Health and Human Services shall not be deemed to be a bona fide resident of Nebraska while such care is being provided;
(2) Shall not be receiving care or services as an inmate of a public institution, except as a patient in a medical institution, and if the individual is a patient in an institution for tuberculosis or mental diseases, he or she has attained the age of sixty-five years;
(3) Shall not have deprived himself or herself directly or indirectly of any property whatsoever for the purpose of qualifying for assistance to the aged, blind, or disabled;
(4) May receive care in a public or private institution only if such institution is subject to a state authority or authorities which shall be responsible for establishing and maintaining standards for such institutions; and
(5) Must be in need of shelter, maintenance, or medical care.
Notes of Decisions
Meier v. State, Dept. of Soc. Servs., 417 N.W.2d 771 (Neb. 1988).
· cites it 8× “Neb.Rev.Stat. § 68-1002 (Reissue 1986) reads in relevant part: "In order to qualify for assistance to the aged .”
Essen v. Gilmore, 607 N.W.2d 829 (Neb. 2000).
· cites it 4× “In Hoesly , this court was asked to apply the public assistance statute, Neb. Rev. Stat. § 68-1002 (3) (Reissue 1990), which provided that an individual must not have “deprived himself directly or indirectly of any property whatsoever for the purpose of qualifying for” public…”
Gosney v. Dep't of Pub. Welfare, 291 N.W.2d 708 (Neb. 1980).
· cites it 4× “” Neb. Rev. Stat § 68-1002 (Reissue 1976). See, also, § 68-1020 (Reissue *141 1976).”
Hoesly v. State, Dept. of Soc. Servs., 498 N.W.2d 571 (Neb. 1993).
· cites it 10× “Because Hoesly’s father was the sole depositor on both certificates of deposit, Hoesly did not possess an interest in the certificates until the occasion of his father’s death.”
Zybach v. State, 411 N.W.2d 627 (Neb. 1987).
· cites it 4× “In this approach, appellant is relying on the provisions of Neb. Rev. Stat. § 68-1002 (Reissue 1986), which provides: “In order to qualify for assistance to the aged, blind or disabled, an individual: .”
Zybach v. Dept. of Soc. Servs., 411 N.W.2d 627 (Neb. 1987).
· cites it 4× “In this approach, appellant is relying on the provisions of Neb.Rev.Stat. § 68-1002 (Reissue 1986), which provides: "In order to qualify for assistance to the aged, blind or disabled, an individual: .”
— Neb. Rev. Stat. § 68-1002(3) — 4 cases
Essen v. Gilmore, 607 N.W.2d 829 (Neb. 2000).
“In Hoesly , this court was asked to apply the public assistance statute, Neb. Rev. Stat. § 68-1002 (3) (Reissue 1990), which provided that an individual must not have “deprived himself directly or indirectly of any property whatsoever for the purpose of qualifying for” public…”
Hoesly v. State, Dept. of Soc. Servs., 498 N.W.2d 571 (Neb. 1993).
“Because Hoesly’s father was the sole depositor on both certificates of deposit, Hoesly did not possess an interest in the certificates until the occasion of his father’s death.”
Zybach v. State, 411 N.W.2d 627 (Neb. 1987).
“In this approach, appellant is relying on the provisions of Neb. Rev. Stat. § 68-1002 (Reissue 1986), which provides: “In order to qualify for assistance to the aged, blind or disabled, an individual: .”
Zybach v. Dept. of Soc. Servs., 411 N.W.2d 627 (Neb. 1987).
“In this approach, appellant is relying on the provisions of Neb.Rev.Stat. § 68-1002 (Reissue 1986), which provides: "In order to qualify for assistance to the aged, blind or disabled, an individual: .”
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