Planning for Life

Court Rejects Income-Only Trust Created by MassHealth Applicant

Posted by Harry S. Margolis on January 5, 2016

By Harry S. Margolis

In a poorly-reasoned and somewhat murky decision, a Superior Court judge in Daley v. Sudders (Civil Action No. 15–CV–0188–D.Dec. 24, 2015) extends the Doherty decision to reject the MassHealth application of a man who, with his wife, placed his Worcester condominium into an irrevocable trust for long-term care planning purposes.

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Topics: trusts, long-term care planning, MassHealth

MassHealth Coverage of Long-Term Care Projected to Grow Significantly

Posted by Harry S. Margolis on December 29, 2015

By Harry S. Margolis

The Blue Cross Blue Shield of Massachusetts Foundation reports that MassHealth covers 45% of long-term services and supports (LTSS) in Massachusetts, totaling $4.5 billion in 2015. LTSS include all costs for care of people with disabilities or chronic illness, including home health, assisted living, nursing home and medical equipment expenses. These costs are expected to increase dramatically as the over-65 population grows by almost half over the next two decades.

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Topics: long-term care planning, MassHealth

Your Likely Need and Cost of Long-Term Care

Posted by Harry S. Margolis on December 22, 2015

By Harry S. Margolis

What are the chances that you will need long-term care, and what will it cost? These are huge questions in terms of retirement planning. Many older Americans can afford to live on their retirement income and savings as long as they don't have long-term care needs, but risk bankruptcy in the event they do need such care.

A recent Urban Institute study (with the wonky title "Microsimulation Analysis of Financing Options for Long-Term Services and Support") suggests some answers.

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Topics: long-term care planning, growth of elderly population, elder law

4 Ways to Protect Your House from MassHealth Estate Recovery: Part 1

Posted by Harry S. Margolis on December 15, 2015

By Harry S. Margolis

In most instances, you can own a home and still get MassHealth coverage of your health or long-term care. While MassHealth has strict income and asset limits on eligibility, in most cases it doesn't count the home against those limits. On the other hand, as I often say, while they don't get you coming, they will get you going. If you sell the house either during your life or upon your death, MassHealth will seek to recover its costs of paying for your care.

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

Three Decades of Elder Law: My, How It's Changed!

Posted by Harry S. Margolis on December 8, 2015

By Harry S. Margolis

attorneys_emily.jpg

 

Emily Starr, one of the pioneers of elder law in Massachusetts, and I have been asked to appear on a panel at the annual meeting of the Massachusetts chapter of the National Academy of Elder Law Attorneys (NAELA) this Thursday evening to discuss the history and prognosticate about the future of elder law in Massachusetts. Here are the major changes that I see:

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Topics: long-term care planning, growth of elderly population, MassHealth, elder law

Trust Reformation Causes MassHealth Penalty

Posted by Harry S. Margolis on November 3, 2015

By Harry S. Margolis

The Massachusetts Court of Appeals in Needham v. Director of the Office of Medicaid (Mass. App. Ct. 14-P-182, October 20, 2015) rules that the reformation of a trust causes a period of ineligibility for MassHealth coverage of nursing home care.

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

10 Questions to Ask an Elder Law Attorney

Posted by Harry S. Margolis on August 11, 2015

By Harry S. Margolis

You need to consult with an elder law attorney for either advance long-term care planning for yourself or advance long-term care planning for a loved one. You have a few names of possible attorneys that you got from friends, relatives, other advisors and the Internet. How do you determine which one to hire?

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

6 Stories Tell the Unpredictability and Challenges of Aging

Posted by Harry S. Margolis on August 4, 2015

By Harry S. Margolis

John Leland, reporter for The New York Times has been following six elderly New Yorkers this year as they face the challenges of aging. In some ways, New York is an ideal place to get old since services are easy to come by -- for instance, groceries and restaurants deliver. But in others, we learn, New York creates its own difficulties. Let's meet the six older New Yorkers.

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Topics: long-term care planning, growth of elderly population, assisted living

Obesity Decline a Good Omen for Elder Care

Posted by Harry S. Margolis on July 28, 2015

By Harry S. Margolis

Years ago, I interviewed Dr. Robert Butler, the father of gerontology, for a podcast series I had at the time. With complete self-interest, I asked how he thought Baby Boomers would fare as they aged, fully expecting a bright future as the result of our athleticism and the benefits of good health care. I was surprised at his response that Baby Boomers as a group could look forward to a miserable old age due to obesity.

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Topics: long-term care planning, baby boomers

Using Immediate Annuities in MassHealth Planning for Single Nursing Home Residents

Posted by Harry S. Margolis on April 28, 2015

By Harry S. Margolis

Last week, I blogged about how immediate annuities might be used by spouses of nursing home residents to preserve their assets and qualify the nursing home spouse for MassHealth coverage. Immediate annuities are also used by unmarried or widowed nursing home residents, but with less favorable results. In effect, they permit the nursing home resident to pay the MassHealth rate rather than the private-pay rate. Use of immediate annuities is based on the following rules and facts:

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Topics: MassHealth planning, long-term care planning

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