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Transfer to Special Needs Pool Trust creates Penalty Period


Triggers Medicaid Penalty Period

Eighty-seven-year-old Yvonne Richardson resided in a nursing home and received Medicaid benefits. Ms. Richardson’s conservator deposited money from the sale of her house into a pooled special needs trust. The Maine Department of Health and Human Services notified her that it would suspend her Medicaid benefits as a result of the asset transfer because it considered the transfer to be for less than fair market value.

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Michael Monteforte, Jr.

Michael Monteforte, Jr.

Founding Attorney

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.

Monteforte Law Team

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