… MASS HEALTH APPLICATIONS AND NURSING HOME ISSUES …
We can advise you how to plan for Nursing home care.
When we meet with a Client who is over age 62 we discuss the five (5) year look back period and asset restrictions in the event a Nursing Facility care is needed in thenear future or down the road.
Strict asset allowances and transfer restrictions under Federal and State Law exist which make the application process very difficult without competent legal counsel. When submitting a Mass Health application, asset or investment records and banking records are needed for the 5 years ( or 60 months) preceding the application!
We can help.
Everyone believes they need a WILL and they are correct, but it is also essential to have a comprehensive and up to date DURABLE POWER OF ATTORNEY, which is one of the most important legal documents a Client must possess.
We represent Clients who are, or should be applying for Mass Health benefits, formerly known as Medicaid, so the Nursing Facility will be paid in whole or in part bythe Government.
There are provisions in the Law allowing the transfer of a family home to a Spouse or Child under certain conditions so that the home is not considered a so-called countable asset, and so the home can remain in the family and not be subject to Government Liens.
We can advise you or your family on whether to liquidate or transfer assets to purchase an ANNUITY to qualify you or your loved one for benefits, even if initial assets are above the maximum allowances.
Every family's situation is unique and we can help.
… ETHICAL WILLS …
A new tradition has begun! Parents or grandparents now write a family story; an amusing anecdote about a wedding or birth; perhaps an explanation of why something occurred the way it did; or a lesson that you want a child or grandchild to understand that maybe they couldn’t understand or be told when little. These are often called an Ethical will. These interesting stories are left as a remembrance for younger generations to re-tell so the story never dies, it lives on.
Attorney Mahoney first learned of this developing tradition through a Writing workshop where he writes with a close group of writers lead by the great Storyteller, Jay O’Callahan, of Marshfield. He says, “I have written extensively about my little girl who is now 8, so she can know how much she was loved, and so she can laugh at some stories, such as Christmas time or a day on the Cape and she will later learn about and understand other events that occurred early in her life, events which will undoubtedly shape her life as she grows older.”
Last year on WATD FM, Brian Mahoney co-hosted an Estate Planning/Elder Law show. His co-hostess Ann Quinlan proprietress of ‘Healthy Aging Matters,” described how very, many elderly persons she meets are committing their stories to paper. We recommend that you try it. One doesn’t need to be a great writer. Don’t wait to put a story, a lesson or explanation together. Once you start to write, ideas will flood into your head. Try it! It is great fun if it is a happy story and cathartic if it is a hard lesson. If it is something you want read after your death, you can leave the story with your Will or Attorney to be assured it will be read. Contact Attorney Mahoney if you need some help getting started.
Aging is made more difficult, if adequate planning hasn’t been done to anticipate expected future life changes. We need to learn how to adapt on a timely basis to: decreasing income and perhaps a smaller family to assist us as we inevitably become older and less able to handle the physical chores we once handled with ease. If you know a Senior citizen who needs someone to talk to about available services, please call our office, we will help you to obtain assistance.
It is best for Elders to have a team consisting of a Lawyer, a Physician, an Accountant/ Investment Advisor or a Home Health Care provider in addition to loved ones because these professionals can spot changes in the person’s health and wealth. For instance an Accountant may notice an elderly client no longer has bank interest to report for their current tax year and will follow up on this noticeable discrepancy from last year’s tax return about what happened to the bank account, which had previously generated interest income. This could lead to information that someone swindled the Elder. Then the Accountant can contact the Attorney who can contact the Attorney General’s office or local authorities to investigate the theft and prosecute the swindler.
Please ensure all of your physicians are made aware of every medications being prescribed by your other doctors. Drug interactions can be deadly.
Brian Mahoney is a member of the National Academy of Elder Law Attorneys, Inc. (NAELA) which was founded in 1988 as a professional association of attorneys who are dedicated to improving the quality of legal services provided to the elderly. The Academy sponsors continuing legal education programs on Elder Law for attorneys throughout the year, and provides publications and educational materials to its members on a wide range of Elder Law topics.
|© Brian Mahoney, Esq. - Estate Planning Attorney - Brian Mahoney - Serving Canton and Dedham, Massachusetts|