Legal Question in Elder Law in Massachusetts

What is required under Mass. state Medicaid regulations for an annutized/immediate/income annuity to be an unaccountable asset for a community spouse. It is my understanding from Mass Health that the annuity must pay income over a period of time in a given year based on my life expectancy according to the table for Social Security. If this is correct, the male life expectancy would be 9.68 years for me at age 76 and the annunity period could not exceed the number of years stated. Presently, I have deferred annunity contracts paying me income during the year under the minimum distribution per year required by law. Please advise if what I stated is correct. If not, please advise how my pensions for medicaid purposes can be unaccountable for a community spouse.


Asked on 2/25/10, 11:34 am

1 Answer from Attorneys
Harry Margolis Margolis & Bloom, LLP

There are a number of rules around purchasing annuities in the context of a MassHealth application and assessing whether it makes sense to do so in the first place. It would take several pages to explain all of the rules. I strongly recommend that you consult with a Massachusetts elder law attorney on this.

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Answered on 3/02/10, 1:24 pm


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