588 N.E.2d 217 | Ohio Ct. App. | 1990
In January 1988, seventy-nine-year-old Fred Dawson ("Dawson") suffered a serious stroke which left him paralyzed, bedridden, and unable to speak or to manage his own affairs. Dawson was transferred to a nursing home in early February 1988, and later that month, his wife, plaintiff-appellant Naomi Dawson, and son submitted a Medicaid application on his behalf. Dawson was denied Medicaid eligibility because his resources allegedly exceeded the allowable limitation due to his ownership of an automobile valued in excess of $7,000. Dawson, through his legal representative, appealed, and this decision to deny Dawson Medicaid assistance was affirmed throughout the administrative appeal process.
While Dawson's administrative appeal was pending, Dawson, in October 1988, died. When all administrative remedies were exhausted, appellant, as executrix of Dawson's estate, appealed to the Hamilton County Court of Common Pleas pursuant to R.C.
Appellant's single assignment of error contends that the lower court erred by dismissing the appeal. We agree and conclude, contrary to both the department's position and the lower court's holding, that the appeal should not have abated upon Dawson's death.
An executor may ordinarily prosecute in his representative capacity any cause which his decedent could have instituted.Oncu v. Bell (1976),
In the case sub judice, the department's counsel conceded during oral argument before this court that had Dawson lived, the lower court clearly would have had jurisdiction under R.C.
Medicaid law is remedial in nature and, therefore, pursuant to R.C.
The judgment of the trial court is reversed and the cause is remanded for further proceedings not inconsistent with law.
Judgment reversedand cause remanded.
UTZ, P.J., SHANNON and HILDEBRANDT, JJ., concur.