Planning for Life

MassHealth Trust Database On Line

Posted by Harry S. Margolis on October 28, 2014

Previous blog posts have reported on recent MassHealth cases involving irrevocable trusts and the ongoing attacks by MassHealth on trusts that were acceptable until recently. We linked to court and fair hearing decisions on a website created by Plymouth elder law practitioner Brian Barreira. Attorney Barreira has created the Massachusetts Medicaid Trust Law site at irrevocabletrust.info to share 

5809877fair hearing decisions, court decisions, legal briefs and other material submitted by elder law practitioners throughout the Commonwealth. Or, as he explains it:

The Massachusetts Medicaid Trust Law blog has been prepared as a resource for Massachusetts citizens and their attorneys who are experiencing denials on MassHealth applications that include irrevocable trusts.

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Topics: MassHealth planning

MassHealth Reversed in Another Trust Case

Posted by Harry S. Margolis on October 10, 2014

Over the last couple of years, MassHealth has been rejecting irrevocable trusts containing terms that it had accepted up until recently. Since many seniors use irrevocable trusts to shelter assets as part of long-term care planning, this has resulted in much uncertainty and cost due to the need for administrative and court appeals. Fortunately, as more cases have gone through the lengthy appeal process litigants are having increasing success in defending the trusts. We can report that my partner, Jeffrey A. Bloom, recently was successful in defending our standard irrevocable trust instrument at an administrative fair hearing.

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

MassHealth Appeal Denied as Form Defeats Function

Posted by Harry S. Margolis on July 29, 2014

In the case of Boudreau v. Director of the Office of Medicaid (Mass. App. No. 13-P-1337, July 25, 2014), the Massachusetts Court of Appeals dismisses a complaint for judicial review because it was filed by the appellant's attorney rather than his conservator.JML banner

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Topics: MassHealth planning

The New Elder Law: Stay-At-Home Planning

Posted by Harry S. Margolis on January 21, 2014

By Harry S. Margolis

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

5 Questions to Ask Before Making Gifts for MassHealth or Tax Planning

Posted by Harry S. Margolis on January 14, 2014

By Harry S. Margolis

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Topics: MassHealth planning, special needs planning, Estate Planning

Is My MassHealth Asset Protection Trust Still Good? - Massachusetts

Posted by Harry S. Margolis on December 10, 2013

By Harry S. Margolis

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

LTCI - MassHealth Issues Clarified

Posted by Harry S. Margolis on November 5, 2013

By Harry S. Margolis

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

How Much Do You Need to Retire? -- Massachusetts

Posted by Harry S. Margolis on October 15, 2013

By Harry S. Margolis

How much money you need "in the bank" when you retire depends on many factors, including the following:

  • Living standards. How much money will you need each month to live the way you want to live? Does that include travel? A second home? Gifts or support to children and grandchildren? Create a budget as a starting point, and then assume that it will increase at least 3 percent per year to account for likely inflation.

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

How Can I Protect My House from MassHealth?

Posted by Rachel Sandler on August 14, 2013

By Jeffrey A. Bloom

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

MassHealth Programs are Available to Help with the Cost of Care at Home

Posted by Maggie Lorenzo on June 19, 2013

By Patricia C. D'Agostino

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Topics: MassHealth planning, special needs planning, MassHealth

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