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PFOSER v. HARPSTEAD

A19-0853.

953 N.W.2d 507 (2021)

Robert PFOSER, as special administrator of the Estate of David Pfoser, Respondent, v. Jodi HARPSTEAD, Commissioner Minnesota Department of Human Services, Appellant, and Dakota County Human Services, Respondent Below.

Supreme Court of Minnesota.

Filed: January 20, 2021.

Attorney(s) appearing for the Case

Laurie A. Hanson , Long, Reher, Hanson & Price, P.A., Minneapolis, Minnesota, for respondent.

Keith Ellison , Attorney General, Michael N. Leonard , Assistant Attorney General, Saint Paul, Minnesota, for appellant.

Margaret M. Grathwol , Chestnut Cambronne PA, Minneapolis, Minnesota, for amicus curiae Minnesota Chapter of the National Academy of Elder Law Attorneys.

Ron M. Landsman , Landsman Law Group, Rockville, Maryland, for amicus curiae National Academy of Elder Law Attorneys.

Brenna M. Galvin , Maser, Amundson & Boggio, P.A., Richfield, Minnesota; and David L. Shaltz , Chalgian & Tripp Law Offices, East Lansing, Michigan, for amicus curiae Special Needs Alliance.

OPINION

This case requires us to decide whether the Commissioner of the Minnesota Department of Human Services correctly imposed a transfer penalty on David Pfoser, a disabled Medicaid recipient who resided in a long-term care facility, after he transferred, at age 65, partial proceeds from the sale of a house into a...

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