Elderlaw.info

Preserving Assets and Maximum Income for the Community …

WEBWhen one spouse enters a nursing home and may be applying for MassHealth, the spouse who remains at home or in assisted living often has some …

Actived: 6 days ago

URL: https://elderlaw.info/2024/02/02/preserving-assets-and-maximum-income-for-the-community-spouse-in-2024-when-the-institutionalized-spouse-enters-a-nursing-home-and-applies-for-masshealth/

32 Things You Should Know When Applying for MassHealth to …

WEBby: Brian E. Barreira, Esq. MassHealth (nationally known as Medicaid) is the Massachusetts health care program that can help pay for nursing home care. …

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Does the Lifetime Lien Placed on Real Estate by the MassHealth …

WEBFederal Medicaid law allows states to place a lien on real estate that is not sold during the Medicaid application process. The state Medicaid agency has the right to …

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In Fournier v. Secretary of the Executive Office of Health and …

WEBOn July 23, 2021, in Fournier v.Secretary of the Executive Office of Health & Human Services, Supreme Judicial Court of Massachusetts (“SJC”) docket number SJC-13059, …

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Must Both Spouses Always Cooperate When There Is a MassHealth

WEBUnder Massachusetts law, it is clear that spouses are financially responsible for each other's necessaries, which would include nursing home care. Under …

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Appointing a Health Care Agent under Massachusetts Law

WEBIf you are at least 18 years of age you can execute a Health Care Proxy, appointing someone to be your “Health Care Agent.” Under this law, which became …

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In Guilfoil v. Sudders, the SJC Approved the Use of Nominee Trusts …

WEBIn Guilfoil v. Sudders, 486 Mass. 788 (2021), the Supreme Judicial Court of Massachusetts (“SJC”) has for the first time tackled the issue of how nominee trusts …

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A Life Estate in an Irrevocable Trust Should Not Cause the Trust to …

WEBIn the misleading, unfair and unbalanced memorandum entered into the fair hearing record at MassHealth trust denial cases, the Office of Medicaid usually takes a …

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Does the Director of the Board of Hearings at the Office of …

WEBUnder a MassHealth regulation governing fair hearings, 130 CMR 610.052 (B), a MassHealth appellant has the right to a subpoena, either requiring the attendance and …

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Minimum Monthly Maintenance Needs Allowance for Nursing …

WEBWhen one spouse is living in a nursing home and the other spouse is living anywhere else, the spouse who is not living in the nursing home (known under Medicaid …

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Reservation of Special Power of Appointment in Deed Is Approved …

WEBA special power of appointment is an estate planning technique whereby someone reserves or is given a limited power to make a change to who ultimately …

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What Is the Adjusted Basis of Common Stock Received from …

WEBMany people owned life insurance or other policies with life insurance companies and, when those companies became publicly-traded, received shares of …

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The Office of Medicaid and Its Board of Hearings Are Complicit in

WEBUnder 130 C.M.R. 610.065(A)(4), the Board of Hearings has the duty “to ensure that all parties have a full opportunity to present their claims orally or in writing …

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What Can Happen If You Become Mentally Incapacitated in …

WEBA new case that I am handling highlights why I often say that a durable power of attorney can be the most important document in a person's estate plan. The …

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Obtaining Free Banking Information for MassHealth Applications

WEBWhen applying for MassHealth long-term care benefits to pay for nursing home care in Massachusetts, it can be expensive to obtain copies of up to 5 years of …

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Jointly-Held Assets in Massachusetts: The Good, the Bad and the …

WEBAdding someone’s name to an asset of yours can be done all too easily, without your realizing all of the ramifications. There are many issues that come into play …

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How Does MassHealth Treat a Sale of a Life Estate in 2014

WEBby: Brian E. Barreira, Esq. When a person who has a life estate wants to sell the real estate, the life tenant is legally entitled to a share of the proceeds.The amount of …

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Caregiver Authorization Affidavit Allows Appointment of …

WEBParents who are going away for an extended period of time (such as on vacation, on a business trip or for hospitalization) are often concerned about what would …

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