Strojek ex rel. Mills v. Hardin County Board of Supervisors

602 N.W.2d 566 (1999)

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Strojek ex rel. Mills v. Hardin County Board of Supervisors

Iowa Court of Appeals
602 N.W.2d 566 (1999)

Facts

Marie Strojek (plaintiff) was mentally disabled and under her parents’ care until she was 41. At that point, Strojek moved into a county home. Initially, the county paid for Strojek’s care in the home, which cost around $21,900 each year. Strojek’s father’s will created a trust to provide support for Strojek, with Strojek’s sister, Caroline Mills (plaintiff), as the trustee. This trust stated that the trustee “shall” pay whatever amount the trustee decided in her “sole discretion” was necessary for Strojek’s care. Several years after Strojek’s father died, the county enacted a new law limiting county benefits to residents with limited financial resources. The county considered Strojek’s trust a financial resource and declared her ineligible for any continued county assistance. Mills appealed the decision to the Hardin County Board of Supervisors (defendant) and then to the district court, but they both affirmed the decision. Mills appealed to the Iowa Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Streit, J.)

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Casebooks

Wills, Trusts, and Estates

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