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Attached Is 2008-2009 Newsletter on Changes in Estate Planning, Probate and...
This site is devoted to keeping my 3,000+ clients informed about important changes in federal and Massachusetts laws that may affect them. I’ve written many articles that have been published nationally...
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Resolving Disputes at Nursing Homes
In long-term care situations, there are numerous opportunities for misunderstandings to occur and disputes to arise. Some of these could be the quality of the food, bothersome roommates, lack of...
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Nursing Home Residents Rights
Approximately 20% of all persons who die every year are residents of nursing homes. Since a nursing home is the last place of residence for such a large percentage of our population, it is very...
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In Medicaid Planning, Some Trusts Can Put Elderly Persons in a Worse Position...
If Assets Can Be Given Back to or Taken Back by the Original Owner, the Assets of the Trust Are Not Protected for MassHealth Purposes If a Nursing Home Stay Becomes Necessary In trust law, there is no...
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Taking Control of the Hospital Discharge Process
It’s stressful enough to have a family member hospitalized, but hospitals seem to move patients out so quickly that the stress is intensified. A hospital discharge does not mean that the patient has...
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Appealing Medicare Denials Caused by “Plateauing”
Under Medicare law, a person is entitled to continue to receive physical therapy or other medical rehabilitative care even after reaching a so-called “plateau.” Many rehabilitation centers and nursing...
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Minimum Monthly Maintenance Needs Allowance for Nursing Home Resident’s...
When one spouse is living in a nursing home and the other spouse is living anywhere else, the spouse who is not living in the nursing home (known under Medicaid and MassHealth law as the “community...
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Obtaining Free Banking Information for MassHealth Applications
When applying for MassHealth long-term care benefits to pay for nursing home care in Massachusetts, it can be expensive to obtain copies of up to 5 years of banking information. Under Massachusetts...
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Are You Personally Responsible for Your Spouse’s Nursing Home Bills in...
It may come as a surprise to some people, but you can be held personally responsible for your spouse’s bills if they are for payment of necessaries. In the case of East Longmeadow Management Systems...
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Doherty Case Should Cause Some Concern about Irrevocable Medicaid Trusts in...
In Doherty v. Director of the Office of Medicaid, the Massachusetts Appeals Court rendered a 2009 decision that could be viewed as an assault on irrevocable, income-only trusts in Massachusetts that...
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Minimum Monthly Maintenance Needs Allowance for Nursing Home Resident’s...
When one spouse is living in a nursing home and the other spouse is living anywhere else, the spouse who is not living in the nursing home (known under Medicaid and MassHealth law as the “community...
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End-of-Life Care: Nursing Home Residents Rights
Approximately 20% of all persons who die every year are residents of nursing homes. Since a nursing home is the last place of residence for such a large percentage of our population, it is very...
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Protecting Assets and Maximum Income for the Community Spouse When Applying...
One of the biggest mistakes that many spouses make when the other spouse enters a nursing home is not getting legal advice from an elder law attorney about Medicaid, known in Massachusetts as...
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Pre-eligibility Medical Expenses Can Be Paid from MassHealth Recipient’s Income
Often, medical bills arrive after a MassHealth application has been approved, and the MassHealth applicant is out of funds to pay these bills. At that point, MassHealth should be asked to allow...
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Should a MassHealth Applicant Accept Help from the Nursing Home’s Lawyer to...
Many nursing homes offer help to families who need to apply for MassHealth to help pay for the elder’s nursing home bills. In simple financial situations, that help is beneficial to both the elder and...
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Minimum Monthly Maintenance Needs Allowance for Nursing Home Resident’s...
When one spouse is living in a nursing home and the other spouse is living anywhere else, the spouse who is not living in the nursing home (known under Medicaid and MassHealth law as the “community...
View ArticleClik here to view.
Obtaining Free Banking Information for MassHealth Applications
When applying for MassHealth long-term care benefits to pay for nursing home care in Massachusetts, it can be expensive to obtain copies of up to 5 years of banking information. Under Massachusetts...
View ArticleClik here to view.
Protecting Assets and Maximum Income for the Community Spouse When Applying...
One of the biggest mistakes that many spouses make when the other spouse enters a nursing home is not getting legal advice from an elder law attorney about Medicaid, known in Massachusetts as...
View ArticleClik here to view.
Should You Buy a Deferred Annuity at a Bank?
Many of my clients walk into banks where they used to be able to trust in the safety of their investments, and are concerned about how little the interest rates are. Many banks have now “investment...
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Should You Ever Buy an Immediate Annuity at a Bank?
The “financial consultants” or “investment advisors” at banks don’t seem to know much about how MassHealth works, so my suggestion is that you never buy an immediate annuity at a bank without running...
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