Planning for Life

VA Benefits for Home Care to be Restricted: Comment on Proposal Now.

Posted by Patricia C. D'Agostino on March 16, 2015

By Patricia C. D'Agostino

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Topics: MassHealth

The MassHealth PCA Program Can Pay Children to Care for Parents

Posted by Patricia C. D'Agostino on March 2, 2015

By Patricia C. D'Agostino

Adult children of seniors who need care at home can be caught in a difficult bind—wanting to provide the kind of substantial hands-on assistance that will permit a parent to remain at home instead of moving to a long-term care facility, but finding themselves unable to do so given their own financial need to work and the demands of their jobs.  The MassHealth Personal Care Attendant (“PCA”) program can offer a solution for many families who find themselves in this situation.  The PCA program can provide a person with approximately $13 per hour to pay a caregiver (including a child or other family member, so long as they are not the parent’s legal guardian or spouse).  

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Topics: Massachusetts, MassHealth

How Much Does MassHealth Pay Nursing Homes?

Posted by Harry S. Margolis on January 20, 2015

By Harry S. Margolis

Families of nursing home residents often want to know what MassHealth is paying for the care of their loved ones. This can be difficult to determine because the rates are different for each facility and for each patient, depending on his or her level of care. But it's important because MassHealth often has a right to recover its expenses at the death of the nursing home resident in the form of a claim for estate recovery against a home, as the beneficiary of an annuity, or under the terms of a (d)(4)(A) or (d)(4)(C) trust.It helps to know what to expect.

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

Premium Assistance from MassHealth for Private Health Insurance

Posted by Karen B. Mariscal on November 10, 2014

It seems that very few parents of intellectually disabled adult children aged 18-26 know about the MassHealth Standard/CommonHealth Premium Assistance Program, which can provide meaningful financial assistance to those who qualify.

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Topics: MassHealth

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

Will MassHealth Take My House?

Posted by Harry S. Margolis on June 24, 2014

By Harry S. Margolis

I'm often asked whether MassHealth "will take my house" or other assets. A recent posting on ElderLawAnswers.com, where I answers questions from consumers, reads in part:

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Topics: special needs planning, MassHealth, asset protection

Bipartisan Policy Center Working on Long-Term Care Proposal

Posted by Harry S. Margolis on May 6, 2014

By Harry S. Margolis

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

A Short Introduction to Special Needs Planning

Posted by Harry S. Margolis on April 29, 2014

 
Estate planning by parents who have children with disabilities involves many challenges, including the following:special needs trust planning legal guide
  •  How do you leave funds for the benefit of the child without causing the child to lose important public benefits?
  • How do you make sure that the funds are well managed?
  • How do you make sure that your other children are not over-burdened with caring for the disabled
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Topics: special needs planning, MassHealth

Massachusetts Nursing Home Case Barred by Statute of Limitations

Posted by Harry S. Margolis on March 18, 2014

By Harry S. Margolis

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Topics: long-term care planning, MassHealth

Millionaires on Medicaid? - Massachusetts

Posted by Harry S. Margolis on March 4, 2014

By Harry S. Margolis

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

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