Morrison v. Commonwealth of Massachusetts

Outcome: The first child caregiver contract case in Massachusetts to prevail against the Commonwealth

Description: First Caregiver Child Contract Case to Prevail in Massachusetts. Daughter took care of her mother in daughter's own home for six years in exchange for $150,000 pursuant to a Caregive Contract. The Commonwealth determined the payment to be a gift and denied the mother's Medicaid (MassHealth) application for benefits to pay for nursing home care. At trial, we successfully argued that the payment was a transfer for fair market value. The Court determined the Commonwealth's prior decision to be "arbitrary and capricious" and ""unsupported by substantial evidence".