Legal Question in Wills and Trusts in Massachusetts

Re: Savings Accounts

Please, please, PLEASE don't do ANYTHING without first talking with an elder law attorney. Under Medicaid law, the house and the money are considered to belong to your mother. Unless the transfers fall within certain specified exemption to the rules, your mother would lose eligibility for long-term care coverage, as any gift made within five years of the date that one is seeking coverage may be reviewed. For applications made in 2009, the applicant loses 1 day of eligibility for every $276 transferred. With nursing homes in the Boston area now charging over $300 per day for care, this loss can be very costly. Besides, she may need the funds before ever going into a nursing home to pay for community care or assisted living, since these items are generally not covered by any government program.

I've practiced elder law for over a decade -- please feel free to contact me.

Re: Savings Accounts

Attorney Golden's response is exactly correct. The only use for that money should be for your mother's expenses.

Do not do anything with the home without consulting an attorney who is experienced in Elder Law. There is a five year look back period for Medicaid.

If you live with your mother, you may have some options to help you.

I strongly suggest you contact an attorney who practices elder law.

Please feel free to contact me if you have additional questions.