Legal Question in Elder Law in Massachusetts

Re: Nursing Home Question

No. The nursing home can't do anything.

The real question is, can MassHealth go after the money if the grandmother applies for or receives Medicaid benefits. If the money was in fact spent to make space accessible in the caretaker's home, it is unlikely to cause a problem. The amount involved is also relevant, since if the money was more than what a contractor would have to be paid, there might be a question of some of it being a gift.

There is also the problem of whether the grandmother would not have been eligible for MassHealth benefits if she had not spent the money, so if it was more than $2000, it could raise that issue. That might trigger a "lookback" ineligibility period equal to the nursing home fee that amounts to the money given.