Nursing home resident Michael Declerck received Medicaid benefits. His wife, Rosemary Declerck, sought a protective order under state law, claiming she lacked sufficient means to meet her needs and was entitled to support from Mr. Declerck. The state opposed the order, arguing that Mrs. Declerck had not exhausted her administrative remedies available under Medicaid law.
Michael Monteforte, Jr. is the founding attorney of Monteforte Law, P.C., an estate planning and elder law firm in Woburn, Massachusetts. He was admitted to the Supreme Judicial Court of Massachusetts in January 2002 and to federal practice in the U.S. District Court, District of Massachusetts, in March 2006. He has practiced estate planning and elder law in Massachusetts for over twenty years.