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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Protecting your Primary Residence with 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.


The Primary Residence

In the past, Medicaid did not count the value of an applicant’s home in determining eligibility. This meant that an individual did not need to sell his or her home, regardless of value, in order to qualify for Medicaid. Under the new rules, however, a house valued at over $500,000 is now counted in determining Medicaid eligibility. (Massachusetts has the option of increasing this threshold to $750,000.) Under the new rules, a single person whose home is worth more than $500,000 cannot qualify for Medicaid unless he or she agrees to sell the house. However, even under the new rules, a house continues to be non-countable if a spouse, disabled or blind child, or child under the age of 21 lives there.

Conclusion

As you can see, these changes dramatically alter the Medicaid program. Nursing homes will have to work closely with residents and their families to ensure that residents are able to smoothly transition from paying privately to receiving Medical Assistance from MassHealth. As always, our office is available to answer your questions or to provide any assistance you may need.
If you would like to review the full text of the law, go to http://thomas.loc.gov/, and enter "S. 1932" in the “search bill” text box.


This is the final article 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

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 (MassHealth) Attorney: New Series: Medicaid Laws change due to Deficit Reduction Act

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.

Transfer of Assets

As you may recall, Medicaid, a.k.a "MassHealth," penalizes applicants who transfer assets by imposing one month of ineligibility for nursing-home benefits for every $6,960 (as of 2005) given away. But by changing two important aspects of the Medicaid rules, Congress has imposed much stricter penalties than ever before.
Under the old rules, Medicaid would review three years (or in the case of trusts five years) of financial statements in order to identify any disqualifying transfers. This is known as the “look-back period.” The new law extends the look-back period to five years for all transfers.

This is first 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

Medicaid (MassHealth) Boston Attorney answers "If I apply for Medicaid is my house vulnerable?"

MassHealth regulations describe a home as a “non-countable” asset. This is a confusing label. Although MassHealth does not count your home in determining eligibility, this does not mean that the house is protected: far from it. MassHealth will not force you to sell your house to obtain eligibility. However, if the house is in your sole name (part of your so called “probate estate) at your death, the State will have a claim against the house and will either use a Medicaid lien or its powers of estate recovery to seek reimbursement against the house. For this reason, its important to meet with a Cohen & Oalican asset protection attorney to protect your home before you apply.

This is fourth in a series of questions and answers regarding your legal rights dealing with MassHealth, Medicaid. 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

Boston MassHealth Lawyer Answers "How do I apply for Medicaid (also known as MassHealth)?

The Medicaid program, which is called MassHealth in Massachusetts is a confusing bureaucracy. It takes an expert to guide you through this maze. MassHealth workers ask for financial statements going back as far as five years looking to see if the applicant or their spouse has made any disqualifying gifts. It is critical to work with an expert in filing the MassHealth application. If you file too late you may lose coverage you would otherwise be entitled to. If you file to early, you may make yourself ineligible for months if not years.
The attorneys at Cohen & Oalican can help you through the process.

This is second 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