Cohen & Oalican discuss The UPC and guardians

Cohen & Oalican, LLP; Medicaid, MassHealth and Elderlaw Attorneys in Boston, Andover, Raynham.

Welcome to the Uniform Probate Code cont'd...

Reports

In the past, courts have only been involved in keeping track of the incapacitated person’s finances. Specifically, guardians and conservators were required to file annual accountings to show how they were managing the funds. The UPC directs the probate courts to create a new system to monitor guardians. Guardians are now required to file a report within sixty days of their appointment describing the person’s condition, living arrangements, what the guardian has done on behalf of the person, plans for future care and whether the guardianship should continue. The guardian is required to then file these reports on an annual basis. It remains to be seen how the courts will monitor whether these reports are being filed.

Special Guardians

If a guardian is not meeting his or her obligations and the incapacitated person is at risk, the court has the authority to appoint a “special guardian” to take over as the patient’s guardian for up to ninety days or longer if necessary.

This series, brought to you by Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship Attorneys in Boston. Posted by Elder Law Boston Lawyer

Boston Elderlaw Attorneys, Cohen & Oalican, discuss the Deficit Reduction act

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Changes to MassHealth (Medicaid) laws...

Elder law attorneys Cohen & Oalican of Boston, Andover and Raynham want to alert you that on February 8, 2006, President Bush signed the Deficit Reduction Act of 2005, which significantly changes the federal Medicaid laws. The three most important changes concern: 1) the transfer of assets to qualify for Medicaid; 2) Medicaid annuities; and 3) Medicaid’s treatment of the primary residence. This article covers the changes in Medicaid annuities.

Annuities

Congress has also changed the annuity regulations. Medicaid allows a spouse whose assets exceed the Medicaid limit to protect those “excess assets” by purchasing an irrevocable, immediate annuity. The old Medicaid rules allowed the spouse to name anyone he or she wanted to receive the remaining annuity payments if the spouse died during the annuity term. Under the new rules, Medicaid requires that annuities name the Commonwealth of Massachusetts as the beneficiary. Although the revised statute is somewhat ambiguous, it appears that the Commonwealth can only seek reimbursement from the annuity for benefits provided to the community spouse. The new rule does not apply to annuities purchased prior to February 1, 2006. Buying annuities remains an effective strategy to protect assets for the spouse of a nursing home resident; however, the new rules have added a risk to this strategy.

This is third in a series regarding changes the Deficit Reduction Act of 2005 has made in dealing with Medicaid (MassHealth). Thank you for putting your trust in our Elder Law legal practice, Cohen & Oalican, LLP

Boston Medicaid Attorney "Answers Can I give away my assets?"

Many people want to know if they can give away their assets to protect them from Medicaid. The answer of course is it depends. The bottom line is that most gifts (even those under the IRS permitted $13,000 limit) will disqualify an applicant and their spouse for MassHealth benefits. However, there are many exceptions where MassHealth allows you to make gifts. For example you can transfer assets to a disabled child without any penalty. In addition, you can give your house to a so called caretaker child who lives with you and helps take care of you.
If you are thinking of making gifts, its best to first consult with an attorney at Cohen & Oalican.

This is fifth in a series of questions and answers regarding your legal rights dealing with Medicaid (MassHealth). Thank you for putting your trust in our Elder Law legal practice, Cohen & Oalican, LLP

Boston Elderlaw Attorneys answer: What happens if my MassHealth (Medicaid) application is denied?

MassHealth looks for any reason they can to deny an application. Typical reasons for denials include: missing bank statement, missed deadlines, unexplained deposits or withdrawals or excess assets. At Cohen & Oalican we help clients with every step of the application process. We walk you through the process so that there are no surprises. We anticipate Medicaid’s questions and give them the information they need to accept the application as quickly as possible. Cohen & Oalican attorneys can know how to best describe your family’s assets to offer the maximum protection. If your application is denied we can quickly file an appeal to determine what your legal rights are and how best to move forward and get your application approved.

This is third in a series of questions and answers regarding your legal rights dealing with MassHealth, Medicaid. Thank you for your trust in our Elder Law legal practice, Cohen & Oalican, LLP