How Can an Elder Law Attorney Help with MassHealth Eligibility?
When applying to MassHealth, either for community or skilled nursing home benefits, the program has the right to examine your bank and financial records for the past five years. If they discover a transfer of assets in that time period for less than fair market value, they can disqualify your eligibility. Needless to say, this would add further complications and delays to the application process that you would rather avoid with proper planning.
Because of this five year look back period, an elder law attorney can help you spend down excess assets in permissible ways and prepare the application so that you qualify and receive benefits as quickly as possible. An elder law attorney can also represent you on appeal if your initial application is denied.
Even better, an elder law attorney can help you do advance MassHealth planning by employing gifting and trust strategies so that if you need to apply for benefits sometime in the future, assets that you have sheltered through these techniques do not become countable when applying for benefits.