Planning for Life

EXPANDED ESTATE RECOVERY – We Need Your Help By 4/7/16!

Posted by Patricia C. D'Agostino on March 31, 2016

CALL TO ACTION:  This is a call to action to our clients and readers who own their homes jointly with their spouses or with another individual and those who have created life estate deeds.

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Topics: MassHealth, Estate Planning

Governor Baker Seeks to Expand Estate Recovery

Posted by Harry S. Margolis on February 23, 2016

By Harry S. Margolis

Governor Charles Baker's FY 2017 budget includes a proposal to expand MassHealth estate recovery to include non-probate property. Currently, MassHealth recoups its expenditures from the probate estates of individuals who received coverage of nursing home care or any other MassHealth benefits after age 55.

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Topics: MassHealth planning, MassHealth, Probate Estate Administration

The Top 10 Blog Posts of 2015

Posted by Harry S. Margolis on February 16, 2016

By Harry S. Margolis

While two of our blog posts on life estates and durable powers of attorney (see the links on the right) get far more traffic than all others (they must have gotten greenlighted by Google in some fashion), following are the most popular articles we posted in 2015.

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

8 More Ways to Protect Your Home from MassHealth Estate Recovery: Part 2

Posted by Harry S. Margolis on February 9, 2016

By Harry S. Margolis

In an earlier blog post, I discussed planning steps you can take to protect your home if sometime in the future you were to need MassHealth covered long-term care. The four steps I described all need to be taken at least five years before you apply for MassHealth. But what do you do if you can't wait five years, if you or a loved one already needs assistance or the writing is on the wall?

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

Court Says Irrevocable Trust Countable Due to “Use and Occupancy” Right

Posted by Elizabeth Stepakoff on January 22, 2016

By Sarah Foster

In a concerning new decision, Nadeau v. Thorn, a Superior Court judge finds that MassHealth correctly deemed the property in an irrevocable trust as a countable asset due to the fact that the irrevocable trust contained a right to “use and occupy” any property contained in the trust.

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Topics: trusts, long-term care planning, MassHealth

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

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

Barreira Provides Guidance on MassHealth Appeals

Posted by Harry S. Margolis on May 19, 2015

By Harry S. Margolis

At the most recent annual MCLE conference on elder and disability law (which I co-chaired), Brian Barreira of Plymouth provided advice on preparing for a MassHealth fair hearing,5809877 both in terms of being successful at the hearing and in order to build a strong record in case a 30A appeal to superior court becomes necessary. He was speaking in the context of much inconsistency by MassHealth in its treatment of irrevocable trusts and its practice of not explaining what it finds wrong in a trust until the fair hearing itself.

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Topics: MassHealth

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