Elder Law and Special Needs Planning Group (TE)
Pfoser v. Harpstead: The Implications on the Practice of Elder Law
Recorded on December 21, 2021
Laurie Hanson, Esq. gave a presentation on Pfoser v. Harpstead, which is a Minnesota Supreme Court case involving a person over 65 funding a pooled trust subaccount and whether that is an uncompensated transfer for Medicaid eligibility purposes. Specifically, Ms. Hanson covered:
- Basic Medicaid and SSI Eligibility
- Pfoser Holding: Funding a pooled trust subaccount is not an uncompensated transfer
- The Pfoser Court on Fair Market Value, Adequate Consideration, and compensated transfers
- Minnesota’s Department of Human Services treatment of pooled trusts afterwards
- Appeals, Litigation, and Legislative and Administrative Advocacy