Legal Question in Elder Law in Massachusetts

Re: elder law

You need to see an attorney about the Medicaid rules. Any gift made within 5 years will be deducted from her medicaid benefits.

There are some things she can do in advance, pay for her funeral and buy a burial plot do not effect her medicaid. She can keep other limited assets as well.

But if she makes gifts she will lose medicaid benefits.

Please feel free to contact me or another attorney who deals with elder law issues

Re: elder law

Unfortunately, your mother probably cannot do any gifting without running afoul of the 60-month lookback. However, she can -- and should -- conduct permissible spenddowns, which include a prepaid funeral, purchases of personal care products, legal services, and other items for her sole benefit. She also should consider creating a pooled trust account to set aside funds which will allow her an improved quality of life.

As an elder law attorney, my first thought jumps to her capacity to make any transfers. Is she still competent? If not, does she have a well-drafted durable power of attorney which addresses Medicaid issues?

I have been practicing elder law since 1998 and am an active member of the Massachusetts chapter of the National Academy of Elder Law Attorneys. Please feel free to contact me if I can be of assistance.

Re: elder law

Your mother can gift up to $10,000 per year to each and any individual she wants without triggering an estate tax event. As far as medicaid goes, they have a 60 month look back period and these transactions would be considered by medicare/medicaid when determining her eligibility for coverage. Consult with an elder law attorney in your area. I recommend either Karen Bolton in Lowell 978.458.0776 or Elizabeth Ahern in Chelmsford 978.250.3800.