Benefits of hiring an attorney for MassHealth planning

On Behalf of | Sep 8, 2021 | elder law

Most Massachusetts area residents will need special care when they get older and are no longer able to care for themselves. Many families have gone through this with elderly loved ones. Elderly care, whether it be assisted living, nursing home, home care, etc. can be extremely expensive. This makes planning for MassHealth to be critical. An elder care attorney can be an important guide in planning.

What is MassHealth?

MassHealth offers long-term care solutions for elderly people. Because elderly care can be so expensive it can be important for families to plan ahead and have their loved one qualify for MassHealth when the time comes that they need it. MassHealth is available for individuals who have exhausted their own personal resources and require government assistance for nursing home care. In determining whether an applicant can receive MassHealth, the state will look back over the past 60 months to review the transfer of financial assets. A person can be disqualified based on the amount of assets transferred.

How can an elder law attorney help?

An elder law attorney can help a family plan for MassHealth coverage. An attorney is well-versed in protecting a person’s assets and can help their client plan for the future. This can happen by:

  • Creating irrevocable trusts
  • Using strategic gifting
  • Turning countable assets into exempt ones
  • Engaging in legal spend downs
  • Setting up annuities and long-term care insurance

An attorney who specializes in elder care can help a family plan for MassHealth coverage. The earlier an attorney is contacted the better as it can be a multi-year process. Having this planning done can ensure a family maintains their assets while still qualifying for MassHealth.