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Matter of Gersten

Case Conclusion Date: 07.21.1997

Practice Area: Elder Law

Outcome: Medicaid Planning Approved.

Description: The Federal government passed a law *42 USC 1320a-7b) criminalizing Medicaid Planning. Under an Article 81 Guardianship Proceeding, I successfully petitioned and argued that such planning to protect assets be granted provided that the applicant retains sufficient funds to privately pay for care during any transfer penalty.

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