Elder Law

Elder Law Involves Complex Laws for Long-term Care, MassHealth, Taxes

The federal and Massachusetts laws and regulations governing taxes, Medicare, Medicaid, (known as MassHealth in Massachusetts), Social Security, trusts, veteran’s’ benefits, nursing homes, assisted living facilities, community benefits and special needs trusts are complex. Often a transfer of assets that may not have a tax consequence, may be penalized under MassHealth guidelines. Similarly, a transfer in an attempt protect an asset from the cost of a catastrophic long-term care stay, may have unintended tax and liability exposure.  As a result, seniors, families and caregivers have a lot to gain from consulting a knowledgeable Massachusetts elder law attorney to advise them of their rights and to develop a plan that contemplates these different rules.

Seek the Advice of an Elder Law Attorney

Clients and families caring for aging parents often seek the services of an elder law attorney either well in advance of needing long-term care services or when the need for long-term care services in a nursing home or in their residence is imminent. Either way, we offer asset protection solutions to make sure resources are available for the care of a spouse remaining at home, the individual entering a nursing home, and a disabled child or loved one.

We Offer These Elder Law Services:

• Income Only Trusts
• Durable Power of Attorney
• Health care proxy for health care decision making
• Evaluation of qualifications for Medicaid or MassHealth
• Prepare Medicaid or MassHealth applications
• Asset protection of elder’s estate
• Personal care contracts
• Veteran's Aid and Attendance Pension Benefits
• Assistance with guardianship proceedings
• Planning for long term care costs
• Crisis planning when the need for long-term care is imminent
• Special Needs Trusts
• Pooled Trusts
• Life estates

Planning When Long-Term Care is Imminent

If a family member or close relative of yours needs long-term care benefits, either in their own home or in a nursing care facility, due to dementia or failing to properly care for themselves, we can help you decide on the best way to plan for their care, preserve assets and minimize taxes.  In accordance with Massachusetts laws and regulations, as well as the Internal Revenue Code our Massachusetts elder law firm can help you develop a plan to pay for long-term care, including MassHealth eligibility and completing the MassHealth application for nursing home and community benefits.  Our experienced attorneys can help so that the financial resources needed for an individual or spouse will be there for them.  We also work closely with other professionals, such as geriatric care managers, accountants, and financial planners to address these complex issues in a thoughtful manner. 

Need for Planning Well in Advance for Elder Care

The best legal and financial planning advice for elder care issues occurs well in advance of when long term care, such as assisted living and nursing home care, is needed. Nursing home care in Massachusetts averages between $90,000 and $130,000 a year. While Medicare and supplemental insurance may cover most of the medical expenses of an acute illness, they provide little or no coverage for nursing home care. If you are retired or are near retirement age, we offer you strategies for planning for your future, incorporating elder law, probate concerns and issues. Because, it is best to plan for long-term care and MassHealth issues is well in advance of when they are needed.

Is Your Loved One Eligible for MassHealth?

Asset Limits

To qualify for nursing home care paid for by MassHealth, a single person cannot own more than $2,000 in “countable assets.” When a couple is involved, they cannot own more than $109,560 (2009 figures and adjusted annually). * Please note that the family home does not necessarily have to be sold to qualify for MassHealth. It is also possible to retain substantial assets and still qualify for MassHealth.

Treatment of Income

Once your relative has qualified for MassHealth, the nursing home resident must pay for nursing home care out of his or her own income. Sometimes, the income of the nursing home resident can be kept for the spouse who is still living in the home.

MassHealth, Transfers & the 5-Year Look Back Period

The Commonwealth of Massachusetts may review all financial records for five years prior to the application for MassHealth. If you have transferred the home, assisted with college tuition payments or made other transfers during this time, you may be ineligible for MassHealth, even though you meet the other guidelines established. If you intend to make transfers of your property to someone else, consult an Elder Law Attorney to determine the future ramifications of the transfer.

For more answers to frequently asked questions about elder law, MassHealth eligibility and asset protection planning, click here.

Click here to set up a free consultation with a Massachusetts elder law attorney or call: 781.996.5656