Estate and Asset Protection Planning Law Office Serving Boston, Plymouth and Metrowest, MA

MassHealth Eligibility - Somethings Are Not As They Appear

MBakerlaw.com — Tue, 08 Mar 2011 21:32:00 GMT

Get A Second Opinion -- Your Loved One May Still Be Eligible for MassHealth Long-Term Care Benefits

Completing a Medicaid or MassHealth application may appear to be a rather straightforward process. However, the eligibility requirements for MassHealth change frequently, and applying the rules to each applicant’s set of particular circumstances is often anything but straightforward. While a social worker or employee of a nursing home may be versed and an excellent resource to learn about most long-term care programs both in and out of the home, he or she may not be entirely familiar with your particular legal and financial situation, or the newest MassHealth eligibility rules. This is largely because it is not their responsibility; it is however the responsibility of an elder law attorney.

Community MassHealth Eligibility / Frail Elder Waiver Program Eligibility Under MassHealth

It is not uncommon to learn that those in need of long-term care benefits have been told by a long-term care provider they are ineligible for benefits, either because they have too many assets or too much income. Unfortunately, many do not look any further or explore their options to become eligible within the existing Medicaid rules and MassHealth regulations. As a result, families unnecessarily struggle to properly care for a parent or loved one, without the assistance that would have been otherwise available to them. Or, the elder simply goes without the care he or she needs. Unfortunately, this occurs even though there was help available to relieve the burden, and keep the elder in his or her home longer with long ter care services. The family simply did not know enough to qualify for the assistance. In the end, the elder did not receive the care he or she needed and could have been eligible for all along.

Collateral Damage

Aside from the elder needing the long-term care services, the primary caregiver often suffers from burnout when the necessary help is not accessed. Had the elder qualified for services, the primary caregiver would have had the necessary reprieve to keep caring for the elder and not jeopardize his or her own health.

Preserving Assets and the Well-being of the Well Spouse

When applying for benefits, if there is a spouse that is NOT in need of long-term care services (often referred to as the “Community Spouse”), failure to seek the proper advice from an elder care attorney often places the Community Spouse at risk financially. The elderly are particularly fragile financially-speaking, and an experienced attorney can guide you through the eligibility process to ensure proper balance of healthcare coverage and the preservation of assets for the care of a MassHealth applicant and a Community Spouse.

Medicaid/MassHealth Eligibility Requirements

Medicaid has many requirements for income and asset allocation. Depending on the benefits that you are seeking, the income and asset requirements are often not the same for each program. Additionally, not all sources of income and resources are countable for MassHealth purposes and there are often legitimate ways to offset some of an applicant’s income and assets for MassHealth eligibility purposes.

As it relates to MassHealth asset thresholds, an applicant can be faced with penalties from outright transfers of money to family members and trusts regardless of the intent at the time of transfer. At the same time certain expenses like prepaying a funeral, final expenses, and certain home modifications are generally allowed. Avoid penalizing yourself or your family and consult an experienced Massachusetts elder law attorney that can review with you the benefits that may be available as you develop a plan to care for an elder.

Call Us Today With Your Concerns
Seniors face more choices than ever, and although on the surface Medicaid eligibility may appear straightforward, there are many rules to follow to best protect yourself, your health, your finances, beneficiaries, and family members. Call us today for a complementary review by an elder law attorney of your asset allocation, financial concerns, and Medicaid/MassHealth eligibility.

Boston/South Shore Office

101 Derby Street, Suite 203
Hingham, Massachusetts 02043

MetroWest/Boston Office

841 Washington Street
Holliston, Massachusetts 01746

Plymouth/Cape Cod Office

36 Cordage Park Circle, Suite 222
Plymouth, Massachusetts 02360

Toll Free: 800.701.0352
Tel: 781.996.5656
Fax: 781.996.5657
Email: info@mbakerlaw.com

Elder Law, Estate Planning, Asset Protection and Business Law Services Firm Expands to South Shore, MA

MBakerlaw.com — Wed, 19 May 2010 19:21:00 GMT

The Latest Edition to the Law Offices of Michael T. Baker: Hingham

We here at the Law Offices of Michael T. Baker are happy to announce that we’ve expanded our locations to include our new office in Hingham. The Hingham office now joins our Plymouth office in the South Shore, as well as our MetroWest location in Holliston, Massachusetts. Located at 101 Derby Street, Suite 203, Hingham, Massachusetts, the office is convenient to Boston and many South Shore locations including Quincy, Braintree, Weymouth, Norwell, Cohasset and Scituate.

Specializing in elder law, estate planning, asset protection and an array of business law services, the Law Offices of Michael T. Baker offer years of experience and familiarity with everything from prenuptial agreements, irrevocable trusts to Medicaid applications. To learn more about our legal services and expertise in elder law, trust, will and estate administration, estate planning, business planning, premarital agreements, health care proxies, durable powers of attorney, guardianships and conservatorships. Contact us today for a complimentary initial consultation or visit our homepage for more information.

An Introduction to Massachusetts Probate Law and Estate Probate Services

MBakerlaw.com — Wed, 31 Mar 2010 16:19:25 GMT

Introduction to Probate Law and Estate Administration Services

As the division of law practice that concerns the distribution of wills and inheritance, probate law has an awful lot of terms to deal with that may be confusing or foreign to those working with a probate lawyer for the first time. We’ve compiled a list of FAQs regarding probate laws and estate procedures, but below are a few facts about probate law that’ll give you the basic information you’re looking for.

How Probate Law is practiced in Massachusetts

Identifying and gathering the deceased’s probate property, paying debts, taxes, and the expenses of administering the estate, and distributing the remaining assets to those persons, trusts and organizations designated in a valid last will and testament is what falls under the jurisdiction of probate law in Massachusetts. Probate law ensures that certain procedures are followed properly as the financial affairs of the deceased are finalized.

Who deals with Probate Law, exactly, and what are the duties of administrators, executors etc?
The difference between an executor and an administrator lies solely within the last will and testament of the deceased: If the deceased nominated someone as an executor, that person is typically appointed, and if no last will and testament is involved in the financial matters of the deceased that person is an administrator.

The terms “executor” or “administrator” aren’t exclusive to Massachusetts probate law, though in other states these roles are sometimes referred to as a personal representative. Once appointed, the executor, administrator or personal representative performs a number of functions, including safeguarding the decedent’s probate assets, file income and estate tax returns and hire attorneys, appraisers and investment advisors to assist with administration of the estate.

For more information on Probate Law and additional answers to FAQs, visit our Probate Law page.

At-Home Care: Personal Care Programs as Other Alternatives through Senior MassHealth

MBakerlaw.com — Thu, 14 Jan 2010 19:19:00 GMT

Looking for help, but not ready to make the transition to nursing home life just yet? If you qualify for senior MassHealth benefits and you’re interested in alternatives to nursing home care, various personal care options are available. Assisting MassHealth members with Activities of Daily Living (ADLs), the MassHealth Personal Care Attendant (PCA) Program is one designed for those who are seeking help at home without relying on the services provided by assisted living facilities or nursing homes. ADLs, such as dressing, bathing, grooming, eating, and various mobility needs and transfers can all be made easier through the assistance of a Personal Care Attendant provided through MassHealth’s PCA program. PCAs can also help senior MassHealth members with Instrumental Activities of Daily Living (IADLs), such as shopping, housekeeping, doing laundry and meal preparation.

Interested in finding out if you’re eligible for MassHealth’s PCA Program? Here are MassHealth’s PCA requirements for eligibility:

-You must be eligible for MassHealth Standard or CommonHealth

-You have a permanent or chronic disability preventing you from performing daily activities without physical assistance from someone

-You require physical assistance with two or more daily activities

-You have a prescription from your doctor for PCA services

-You obtain prior authorization for PCA services from MassHealth, its designee (Community Case Management, or CCM) or the Massachusetts Commission for the Blind (MC

When it comes to legal logistics, nursing home plans and assisted living programs, such as MassHealth’s PCA Program, all fall under the jurisdiction of elder law. The Law Offices of Michael T. Baker can help when it comes to planning for and financing PCA care. Contact us today if you have questions regarding MassHealth PCA and other programs that’ll help you or your loved ones make it through the day at home, as our firm may be able to assist you with becoming eligible for Standard MassHealth.

The Ins and Outs of Elder Law: Know Your Elder Law Issues

MBakerlaw.com — Mon, 04 Jan 2010 14:55:00 GMT

Developing care plans for retirees, thinking along the lines of long term care while planning for the future, making sure that you find the right program that’ll help you or your loved one receive care in the home or a facility: These are all elder law issues that can make difficult decisions an even bigger challenge. It’s important to have someone in your corner with experience in these areas who knows the lingo common place in elder law, and an elder law attorney is a valuable resource that can help make sense of important documents, government programs terms, and develop a long term care plan.

As an elder law attorney, the Law Offices of Michael T. Baker can help when it comes to answering the tough questions and figuring out the next step for your unique elder law proceedings. On our Elder Law page, we have detailed explanations for Medicaid law, which is known as MassHealth in Massachusetts, to various aspects of elder care law that are frequently overlooked, like personal care contracts and asset planning. We have recently added a page regarding Veteran’s benefits as a resource to Veterans, widows, and families.

Check out our Elder Law FAQs to read up on elder law issues that can directly affect you and your loved ones. Feel free to Contact Us at if you have any questions, and as always, we’re here to help you with your elder law and long term care planning needs!

Attorney Serving the South Shore with New Office in Plymouth MA

MBakerlaw.com — Thu, 11 Jun 2009 01:56:00 GMT

The Law Offices of Michael T. Baker is pleased to announce the opening of a new office in Plymouth, Massachusetts. In addition to our MetroWest Boston Massachusetts office in Holliston. The firm has expanded its service area to clients living on the South Shore and Cape Cod, with an additional office located at 36 Cordage Park Circle, Suite 222, Plymouth, Massachusetts 02360.

The Law Offices of Michael T. Baker specialize in estate planning, elder law, asset protection and business law services tailored to each client’s particular needs and wishes. As part of our estate planning services, the firm regularly assists clients to plan for their growing families and develop asset protection strategies for high risk professionals and elders concerned about the costs of long-term care depleting their estate. Our business advisory services assist entreprenuers with selecting the appropriate business structure and developing an plan to exit a business. Click on this link to visit the firm's home page and for more on the legal services offered.

Use the following phone numbers to contact the firm:
Toll Free: 800.701.0352
Tel: 508.429.6000 ext. 13

A Beneficiary Designation: An Important Part of Your Estate Plan

MBakerlaw.com — Fri, 20 Mar 2009 02:32:00 GMT

With tax season upon us, many are considering the benefits of making contributions to retirement accounts. When completing an IRA account application for your 2009 IRA contribution, closely consider the impact of whose name you place in the primary and contingent beneficiary slots.

The disposition of your estate is based on the decisions that you make during your lifetime, and selecting a primary and contingent beneficiary of your IRA and even life insurance may not be as simple as it may appear.

As natural heirs to ones estate, children, grandchildren, parents siblings and nieces and nephews are often named as primary or contingent beneficiaries of their IRAs and life insurance. If they are minors, this well intended designation may not go as smoothly as one may expect. The custodian or life insurance company, depending on the value of the account or policy, is not likely to pay the benefit until a formal guardianship is established over the minor's property. This is true even when a parent is caring for the beneficiary.

Significant consideration should also be given to the risk of naming an aging parent or sibling as an heir to one's estate -- whether in a last will and testament or by way of a beneficiary designation. If you leave property to a senior citizen or retiree, who at a later date needs Medicaid (MassHealth in Massachusetts) to pay for long-term care services, the asset is likely to be at risk.

Again the issues presented here are not limited to beneficiary designations, similar issues arise when leaving property to a minor in a last will and testament or to a special needs or disabled person.

To learn more on guardianships, click here or for more information on planning for elders, click here.

Welcome

MBakerlaw.com — Wed, 18 Mar 2009 17:53:22 GMT

Welcome to my blog. Please check back soon for new entries.