How to Protect Your Home if You Are Admitted to a Nursing Home - Part 3

Medicaid Lien

There is also the distinct possibility of Medicaid putting a lien on your home to compensate for the expenditure on your treatment. If you sell your home while still living, the lien would have to be satisfied by reimbursing the state for the amount spent on your medical care. The only cases where you can claim exemption from this rule is when a spouse, or a minor, disabled or blind child, or a sibling with equity share in the property, is living in your home.

Recovery of Estate

As stated earlier, only if a spouse, a minor, blind, or disabled child, or a sibling with a share in the property inhabit the house, can you be exempted from the state claiming it as recompense for your Medicaid expenses of your nursing home treatment. If the spouse of dependent family member move out or dies, the state can again try to claim the property.

There are some situations however, when the value of a home or property can be protected against recovery by Medicaid. These are:

• If you or your spouse owned the home as tenants by the entirety.
• If the house is in the name of your spouse and you have given up your interest in it.
• If the house is in the name of an irrevocable trust.
• If any family member is eligible as a ‘care-taker child’.’ This is applicable when a daughter/son looked after you prior to your admittance to a nursing home and has no other place to live in. The person can then avoid a Medicaid claim on the house after your demise.

It is advisable to have a detailed discussion with an attorney regarding this ‘care-taker child exception’ and whether it can be applicable for any family member in your case. Considering the many legalities and other policy matters involved, the attorney can guide and help you to protect and retain your home and property, against all claims by the state and Medicaid.

For further information visit Cohen & Oalican,LLP Boston Elder Law and Estate Planning Attorneys, Also serving Andover and Raynham Massachusetts

How to Protect Your Home if You Are Admitted to a Nursing Home - Part 2

Part 2

Transfer of your home

The legal transfer on ownership of your home to your children or any other family member may incur a Medicaid penalty, which would affect your eligibility for Medicaid for a certain period of time. It is best to talk to an attorney to find out all the legalities regarding your wish to transfer your property ownership to someone else, before you do it.

There is no penalty involved if you transfer ownership of your home, to the following:

1. To your spouse.

2. Any child of yours who is under 21 years of age, or visually or physically challenged.

3. Into a trust that is formulated for the sole benefit of a disabled person under 65 years of age. This could be for the Medicaid applicant as well, under certain circumstances.

4. A brother or sister of the owner, who has lived in the same home for one year prior to the admission of the applicant in the nursing home and also has an equity share in the property.

5. A child who has been a caregiver and is the offspring of the applicant, who has lived in the same house for a minimum period of 2 years. He/she must have taken care of the applicant during that period to avoid admission to a nursing home.

You may consider selling off your home at the current market value, but you may find yourself ineligible for any Medicaid benefits. You may end up utilizing the money from the sale of your home, for your medical treatment.


For advice with your Medicaid Planning, contact Cohen & Oalican,LLP Boston Elder Law and Estate Planning Attorneys, Also serving Andover and Raynham Massachusetts

How to protect your home if you are admitted to a nursing home part 1

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How to Protect Your home if You Are Admitted to a Nursing Home - Part 1

How to Protect Your Home if You Are Admitted to a Nursing Home


When you need to obtain Medicaid coverage for your future medical treatment and care, it is not necessary to sell your home. However, if the house is in your sole name, the state may claim your house legally after your demise. When you claim Medicaid to pay for medical treatment in a nursing home, it is possible that the state may try to recover the cost of the benefits provided, by placing a lien against your home. This is termed ‘estate recovery’ and the house you own may be the only item of considerable value left after your demise, given the terms and conditions of eligibility for Medicaid.

So there is a distinct possibility of the state filing a legal claim on your property and home after your demise. It is in your interest therefore, to consult an attorney to get complete information and find out how to protect your home, as soon as you need to be admitted to a nursing home for your medical treatment. Some states have implemented the Deficit Reduction Act of 2005, whereby the home is not looked upon as an asset for the terms of eligibility for Medicaid, if the equity value is less than $500,000. In some states, the equity value limit is $750,000. You can retain your home and property with no limit on the equity value, if your spouse or
any other dependent family members live there.


Cohen & Oalican,LLP Boston. Elder Law and Estate Planning Attorneys, Also serving Andover and Raynham Massachusetts

A Guidebook for Caregivers of Alzheimer’s Disease

A Guidebook for Caregivers of Alzheimer’s Disease


There is a new online guidebook published by the National Institute on Aging, detailing the aspects of care-giving for those afflicted with Alzheimer’s disease. This is specifically for the people who are facing the difficult task of looking after family members or others, stricken with this incurable disease. The aspects of the guidebook that are worth mentioning are:

1. It is written in simple, clear language

2. It is exhaustive, giving a complete range of information, from full details of the medical condition and legal formalities to the various aspects of care-giving and what to do and what to avoid

3. It is free

You can read it online Read it online (P.D.F.) at Cohen & Oalican, LLP or for future reference (as it is very useful), you can order print copies from the website.

The Alzheimer’s Disease Education and Referral Center of the National Institute of Aging provides answers to all queries, sends different journals and other publications on the subject and helps with information on local medical and other support services. The Center also has detailed and up-to-date information on the clinical trials being undertaken for research, around the country. The Center is open from 8:30 am to 5:00 pm Eastern Time from Monday to Friday and the staff members are fluent in English and Spanish. There is a toll-free number too for the convenience of people who wish to contact them: 800-438-4380.

Cohen & Oalican, LLP

Boston Elder Law and Estate Planning Attorneys Also Serving Andover and Raynham Massachusetts

Alzheimer’s Disease and Dementia Care for Veterans - Part 3

Alzheimer’s Disease and Dementia Care for Veterans -
US Department of Veteran Affairs -
Part 3

Question: My father was a veteran of World War II and my widowed mother is afflicted with Alzheimer’s disease. Is she entitled to any VA facilities or services?

Answer: Certain VA health services are available for spouses of veterans. The websites given below can be looked at for more detailed information on these programs.

1. 1-800-827-1000: You can get information on VA benefits that are not medical.

2. CHAMPVA and CHAMPVA for LIFE (CFL), These sites give information on the health services available for the spouses and other dependents of veterans.

3. TRICARE and TRICARE for Life (TFL): The site provides information on the health services available for retired military personnel, their families and surviving dependents.

4. This site has the complete list of VA Medical Center locations and the contact details.

5. State Veterans Home Program: Owned and managed by the various states of the country, the admission criteria are also decided by the individual states. Care and services provided may sometimes be chargeable. The State Veteran’s Home offers a range of services, including day care, domiciliary, nursing home care and others. Some of these Homes take in the spouses of veterans, but there is no funding given by the particular state or the VA for the spouses or other family members of veterans. Your mother therefore would have to pay for all the services provided at the State Veteran’s Home, while the admission application would have to be made to the state authority concerned.

6. This site has information on the Aid and Attendance Benefit


Call one of our Elder Law attorneys at the offices of Cohen & Oalican, LLP, and let us guide you through the government requirements and available programs.

Alzheimer’s Disease and Dementia Care for Veterans - Part 2 Application Procedures

Alzheimer’s Disease and Dementia Care for Veterans -
US Department of Veteran Affairs

Part 2

Application Procedures

1. The person (veteran) must be enrolled for VA medical services. You can call 1-877-222-VETS (1-877-222-8387) toll-free or apply online by filling in the enrollment application form. You may also contact the enrollment coordinator at your nearest VA Medical Center or the VA Community-Based Outpatient Clinic.
2. At the VA facility, you can have a detailed discussion with the patient-care coordinator to understand and choose the suitable services that are available and appropriate for the medical condition of the veteran. The enrolled veteran’s priority status would matter in the payment for certain services. The services could be provided free of cost or may need some co-payment for some part of the services. The coordinator could help you with the different options available, offer you the specifics that you are looking for and also explain the co-payment terms and conditions. The prescription benefits are also part of the medical care provided by the facility. The veteran must go through a medical checkup by an authorized VA physician to obtain the medication from a VA pharmacy. The medication according to the prescription would be given as per the veteran’s priority group and income. There could be co-payment for this as well depending on the status of the veteran.

State Veterans Home Program:

The various states own and operate the Veteran Homes and establish their terms for admission and care. A variety of extended-care services, including adult day care, domiciliary and nursing home services are provided, though there may be charges for some of them.

The Department of Veteran Affairs pays a portion of the daily expenditure (per diem), which does not exceed 50% of what the state provides, for the veterans who are admitted to a State Veteran’s Home. The admission for application to the Home is made directly to the state concerned and the veteran need not be enrolled with the VA health care system to do this. He should however be eligible to get the VA per diem payments. The State Department of Veterans Affairs should be contacted for all the details on the Veteran’s Home services, including the procedures for admission and residency. The department would also be able to provide guidelines for the specific services provided for Alzheimer’s disease and dementia. The National Association of State Veterans Homes have a list of the State Veteran’s Homes, which is useful for knowing the locations of the different centers.

To discuss your Medicare and Long Term Care planning needs call Cohen & Oalican, LLP elder law attorneys in Boston, Andover and Raynham.

Alzheimer’s Disease and Dementia Care for Veterans : Part 1

Alzheimer’s Disease and Dementia Care for Veterans -
US Department of Veteran Affairs

There are misconceptions about the care provided for veterans afflicted with Alzheimer’s or Dementia. There are some usual queries that people usually ask us about this assistance.

Question: My father has been diagnosed recently with Alzheimer’s disease and he was a veteran of World War II. What kind of care and support does the Department of Veteran Affairs (VA) provide for people with dementia and what is the method of application for such services?

Services offered by VA: Veterans who qualify and are eligible for care, can avail of the range of services offered by the VA, which includes in-house care, community, outpatient care, inpatient and extended-care services.

The entire ambit of VA services includes the following:

• Primary Care/Home-based: This would be focused on support for the homemaker and home-health aide, with respite being an important area. It would also include adult day health care, visit to the outpatient clinic and related services.

• Extended/Inpatient care: Veterans with dementia are entitled to general care in the VA outpatient and inpatient facilities. Along with this, some care infrastructure has been developed for specific dementia services, which includes Dementia Clinics for outpatient treatment and extended care in a Dementia Unit for inpatient services.

There are no special eligibility conditions for veterans with dementia. The normal procedures for eligibility and applications must be followed.

To discuss your Medicaid and long term care planning needs call Cohen & Oalican, LLP elder law attorneys in Boston, Andover and Raynham.