Long term care and MassHealth: where to start
Why the rules feel confusing, a few facts worth knowing, and who to talk with.
Why it feels confusing
Long term care brings together medical needs, money, and government rules at a stressful time. Eligibility depends on income, assets, and timing, the rules are detailed, and the application asks for years of records. Many families do not know where to start, and that is normal.
A few facts worth knowing
- MassHealth looks at what you own and what you have given away. Transfers for less than fair value within the look back period, generally five years, can cause a period of ineligibility.
- Property in a revocable trust counts as yours.
- The home has special rules, especially when a spouse still lives there.
- After death, MassHealth may seek repayment from an estate for benefits it paid. This is called estate recovery.
Who to talk with
We think MassHealth applications are best handled by people who work on them every day. We often refer families to Silver Lining Solutions in Topsfield, a team that prepares and follows MassHealth applications for long term care. They are not a law firm.
For the legal side, including your estate plan and how its documents work, we are here.
WisePath and Silver Lining Solutions refer families to each other. Neither pays the other for referrals, and you are free to choose anyone.
Common questions
Will my estate plan protect my house from nursing home costs?
A standard estate plan is not designed to do that. Protection strategies have their own rules and timing, and they deserve a careful conversation before any decision.
When should we start an application?
Timing matters, and the right time depends on the facts. People who handle applications every day can explain the options for your situation.
Check your understanding
Three quick questions. Nothing is saved or sent.
1What is MassHealth?
MassHealth is the Massachusetts Medicaid program.
2Does a revocable trust keep savings from counting toward MassHealth limits?
Property in a revocable trust is treated as yours.
3How far back does MassHealth generally look at gifts?
The look back period is generally five years.
Official sources
Keep learning
Everything here is general education about Massachusetts law, written by WisePath Estate Planning. It is not legal advice for your situation, and reading it does not make you our client.