Planning for Life

MassHealth Held to Violate Notice Requirements in Trust Cases

Posted by Harry S. Margolis on July 3, 2018

By Harry S. Margolis

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In the combined cases of Jean Maas v. Mary Lou Sudders (Suffolk CA No. 18-129-D) and Henry Hirvi and Eva Hirvi v. Mary Lou Sudders (Suffolk CA No. 18-845-D), Superior Court Judge Douglas H. Wilkins finds that in denying applications for MassHealth benefits in cases involving trusts, MassHealth fails to satisfy the requirements of federal regulation 42 C.F.R. sec. 431.210 (b) that it explain the reasons for the denial.

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Topics: trusts, long-term care planning, MassHealth

John Oliver Explains Guardianship

Posted by Harry S. Margolis on June 5, 2018

By Harry S. Margolis

John Oliver on his HBO show, Last Week Tonight with John Oliver, Sunday night provided a scary and funny explanation of how guardianship works, ending with a public service announcement by William Shatner, Lily Tomlin and others explaining steps you can take to avoid the guardianship.

 

 

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Topics: long-term care planning, guardianship, family caregiving, elder law, elder care, healthcare

MassHealth Planning is Not for Everyone

Posted by Harry S. Margolis on August 15, 2017

By Harry S. Margolis

Everyone who is retired or considering retiring faces the question of whether they have enough money, especially now that few people have pensions that pay for life. This involves a number of unknowns, including how long they'll live, their investment returns and their living costs. But the biggest uncertainty is whether they'll need long-term care.

The Query

Following are excerpts from an email I recently received from a long-time client:

The only thing that frightens me is that I will run out of funds sooner than later. Let me reassure you first of all. I feel fine, in fact I’m in very good health, active, living independently, driving, traveling, socializing, etc etc. I’m now 88 years old (89 in January) and people “can’t believe how well I look”!

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Topics: MassHealth planning, long-term care planning

Is Medicaid Planning Ethical?

Posted by Harry S. Margolis on July 26, 2017

By Harry S. Margolis

In his most recent personal finance column, New York Times reporter Ron Lieber ron-lieber-thumbLarge[1].jpgaddresses "The Ethics of Adjusting Your Assets to Qualify for Medicaid." As Lieber explains in this and prior articles, Medicaid has become the primary source of payment for long-term care services in the United States. But it is essentially a health care program for the poor and has set asset, and sometimes income, limits for determining if someone is poor enough to qualify for benefits.

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Topics: MassHealth planning, long-term care planning, Medicaid

Trump-Ryan-McConnell Plan Takes Aim at Your Parents, and You

Posted by Harry S. Margolis on June 21, 2017

By Harry S. Margolis

image-3.pngI generally try to avoid politics in my blog posts, but sometimes politics invade my field of long-term care planning. At this writing, the Republican leadership in the Senate is crafting its own version of Obamacare repeal. We don't know what it will look like, and 

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Topics: long-term care planning, MassHealth, Medicaid

7 Solutions If You Transferred Assets Within 5 Years of Moving to a Nursing Home

Posted by Anthony Bushu on May 24, 2017

By Harry S. Margolis

I recently received the following inquiry from a colleague:

I’m working with a client whose mother has been self-pay in a nursing home for several months as she spends down her savings. They applied for MassHealth in January and they anticipate she’ll run out of funds by mid-March. There’s the possibility that they will incur a penalty period since in June 2012, their mother gave about $80k to her daughter.

My understanding is that the lookback period is 5 years and that period begins on the date the application was filed, as opposed to when she will become eligible for Medicaid once her money is spent down. Is that understanding correct? The family just needs to know what to expect and is considering asking the sister to recoup the cost but wish to avoid undue conflict if possible.

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Topics: MassHealth planning, long-term care planning, MassHealth

Appeals Court Confirms Use of POAs in Life Estate Deeds

Posted by Anthony Bushu on May 10, 2017

By Harry S. Margolis

A life estate is a deed that divides ownership by time. The "life tenant" has full rights to the property during his life, but at his death full rights pass to the "remaindermen." Both the life tenant and the remaindermen are owners of the property, but their interests are different.

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Topics: MassHealth planning, long-term care planning, Estate Planning

5 Reasons to Use a Lawyer for MassHealth Planning

Posted by Anthony Bushu on April 5, 2017

By Harry S. Margolis

Okay, this is somewhat self-serving. As an elder law attorney, my firm and I advise clients on how they can plan to be eligible for MassHealth coverage of their long-term care. But many seniors and their families don't use lawyers, whether for long-term care planning or assistance with the MassHealth application, often because they're afraid of the cost. Some take steps based on what they've heard from others, some do nothing, and others enlist non-lawyers to assist with MassHealth applications, often referred by nursing homes.

Here's a few reasons to use an elder law attorney instead:

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Topics: long-term care planning, MassHealth

The Trump-Ryan Plan for Medicaid Moves Towards Block Grants

Posted by Anthony Bushu on March 22, 2017

By Harry S. Margolis

10-donald-trump-paul-ryan.w710.h473.jpgWith the release of the House GOP plan for repealing and replacing the Affordable Care Act, the American Health Care Act, we can now begin moving from conjecture to reality, though much still remains uncertain. This article will focus on the proposed changes to Medicaid and how they could affect seniors and people with disabilities.

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Topics: long-term care planning, MassHealth, Medicaid

MassHealth Seeking to Limit Use of Pooled Trusts

Posted by Anthony Bushu on January 11, 2017

By Harry S. Margolis

MassHealth has proposed massive changes to its regulations governing long-term care, both in the community and in nursing homes. Many of these are complicated, but could adversely affect many seniors in the state. One that's not so complicated is a proposal to limit transfers to pooled disability trusts.

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Topics: long-term care planning, nursing homes, MassHealth

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