Elder’s Can Lawfully Retain More Assets
Attorney Tobin is a nursing home attorney. As a nursing home lawyer, he often advises clients on various legal techniques including achieving Medicaid (MassHealth) approval, retaining the maximum amount of the elder’s assets, protecting the community spouse, and preventing liens on the elder’s home. It is never too late to act, even if the elder has already entered a nursing home.
For example, a technique nursing home lawyers utilize is a present transfer of assets to the client's heirs, which benefits both parties: the heir will have the ability to enjoy the assets sooner, and the assets will no longer be considered owned by the elder, which in turn may allow the elder to qualify for Medicaid. Many of these transfers can take place in trust, thereby, protecting the family from other legal issues. However, the rules for these transfers are extremely complex and are governed by various “look back” periods depending on the date of transfer.
The Medicaid field changes often, the most significant changes happening recently with the deficit reduction act. However, even after the deficit reduction act there are several techniques available to help save and conserve your family assets. A nursing home lawyer can help analyze and implement the current strategies available, including but not limited, to:
- Conversion of non-exempt assets into exempt assets
- Transferring assets
- Present transfer of assets to the client's heirs
- Annuitization of Assets
- Purchasing a life estate for either spouse
- Utilizing a Medicaid-sheltered annuity
- Care provider contracts
- Medicaid (MassHealth) application
- Purchasing long term life insurance
In many circumstances it is also necessary to have a nursing home attorney modify the wills, life insurance contracts, and title to real estate in order to allow the elder to be cared for if the healthy spouse predeceases the sick spouse.
To ensure you are lawfully retaining the highest level of assets it is advisable to contact a professional nursing home attorney or nursing home lawyer as they are referred to. Nursing home attorneys will be intimately familiar with the limits of the complex laws and how to protect your family to the fullest extent.
About the Author: Adam J. Tobin is a member of the National Academy of Elder Law Attorneys and the Massachusetts Chapter of the National Academy of Elder Law Attorneys.
For a free consultation with a nursing home attorney Adam Tobin visit http://www.adamtobinlaw.com or contact Adam Tobin directly at atobin@adamtobinlaw.com or (978) 725-9083.
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