Matter of Gersten

Steven A. Kass

Case Conclusion Date:July 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.