Nursing Home Lawyer
Attorney Tobin is an elder law and estate planning attorney. As an elder law attorney, he often advises clients on various legal techniques to achieve Medicaid (MassHealth) approval. The Medicaid field is often changing, the most significant changes happening recently with the deficit reduction act. However, even after the deficit reduction act there are several techniques available to help save and conserve your family assets. For example, one technique utilizes a present transfer of assets to the client's heirs, which benefits both parties: the heir will have the ability to enjoy the assets sooner, and the assets will no longer be considered owned by the elder, which in turn may allow the elder to qualify for Medicaid. Many of these transfers can take place in trust. Thereby, protecting the family from other legal issues. However, the rules for these transfers are extremely complex and are governed by various “look back” periods depending on the date of transfer. Another technique used in Medicaid qualification centers around Mr. Tobin's assistance in the conversion of nonexempt assets into exempt assets.
Do not panic. There is still time to plan. It is imperative we take advantage and maximize the protections available to you as the spouse remaining at home also known as the community spouse. Mr. Tobin will help analyze and implement the current strategies available, including but not limited, to:
- Conversion of non-exempt assets into exempt assets;
- Transferring assets;.
- Annuitization of Assets;
- Purchasing a life estate for either spouse;
- Utilizing a Medicaid-sheltered annuity;
- Care provider contracts.
Often Attorney Tobin utilizes a combination of the above mentioned strategies in developing a plan to achieve the maximum retention of the client's assets.
In many circumstances it is also necessary for Attorney Tobin to modify the wills, life insurance contracts, and title to real estate in order to allow the sick spouse to be cared for if the healthy spouse predeceases the sick spouse.
Although the individual's home may be an exempt asset, Massachusetts under many circumstances, will place a lien on the home to collect for the Medicaid benefits received by the individual. Mr. Tobin instructs clients and implements strategies on the various ways that the home can be protected from this lien.
Attorney Tobin offers prospective clients a free, no obligation conference, to determine the vulnerability a Long Term Care illness may have on their own personal situation. Click here to schedule a conference.