California Court of Appeal

Trial court's writ of mandate ordering a rehearing on an application for Medi-Cal benefits is reversed where: 1) the authorized representative form between the deceased and plaintiff created an agency relationship, and death ended the agency relationship and any authority plaintiff had to act on his behalf; 2) plaintiff was required to obtain new authorization from either the deceased's estate or heirs to contest the denial of the Medi-Cal application, which plaintiff failed to do in a timely manner; and 3) plaintiff did not produce new evidence requiring the grant of a rehearing.

Appellate Information

• Decided 05/11/2009
• Published 05/11/2009

Judges

• WILLHITE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Assistant Attorney General, Leslie P. McElroy and Gala E. Dunn, Deputy Attorneys General, for Defendants and Appellants., Health Advocates, Aaron J. Leibovic and Stephen Crane for Plaintiff and Respondent.