Understanding Irrevocable Trusts and MassHealth: Protecting Your Assets While Qualifying for Medicaid
As people age, planning for the future becomes increasingly important, particularly when it comes to protecting assets and ensuring eligibility for benefits such as MassHealth (Medicaid in Massachusetts). For many, one of the key strategies is the creation of an irrevocable trust. These trusts serve to protect certain assets from being counted by MassHealth while […]
Case Summary: Cohen et al vs. Commissioner of the Division of Medical Assistance, 423 Mass 399 (1996)
The full text of the Supreme Judicial Court’s decision is available here. Issue: Whether assets held in Medicaid Qualifying Trusts (MQTs) are countable for Medicaid eligibility purposes. Procedural History: This consolidated case involves four separate plaintiffs—Mary Cohen, Lillian Walker, Sydney A. Comins, and John Kokoska—who each challenged the Massachusetts Division of Medical Assistance’s determination that […]
Navigating MassHealth, Nursing Home Liens, and Irrevocable Trusts in Massachusetts: A Legal Perspective
https://youtu.be/-gsYBLrBXCwEstate planning for older clients can be complex, especially when considering the implications of Medicaid (known as MassHealth in Massachusetts), nursing home liens, and irrevocable trusts. Attorneys in Massachusetts must stay updated on the evolving regulations and case law surrounding these matters to offer the best protection for their clients’ assets. This article explores some […]
Case Summary: Guilfoil v. Secretary of the Executive Office of Health and Human Services
Issue: Whether a life estate retained in a nominee trust is a countable asset for Medicaid eligibility. Procedural History: The plaintiff, Dorothy Frank, established a nominee trust that held her home, while she retained a life estate in the property. When Frank applied for Medicaid (MassHealth) long-term care benefits, her application was denied because the […]
