Thursday, October 21, 2010

Why you should speak to an Elder Law Attorney...

There has been a long standing rule that one cannot give their assets away and shortly thereafter receive Medicaid assistance. There are, however, exceptions to that rule. One of these exceptions is called the care taker child exception. This exception generally allowed a parent to give their home to a child that lived with that parent for two years; took care of that parent during that time and but for that child's care, the parent would have needed nursing home care much sooner. In the recent case of Maguire v. Dehner, the rules of the "Caretaker Child Exception" highlighted just how strict Medicaid has become. A hearing officer ruled that the family's description of assistance was neither sufficient enough to require Medicaid support for nursing home benefits, nor did it justify Reta Maguire passing her residence over to her daughter. Even with an appeal to the Superior Court of Massachusetts and a call for an acknowledgement for this "error of law," the Maguire family lost their fight against the strict rules and regulations of Medicaid. While the caretaker child exception is still available, one must be absolutely certain to follow the Medicaid regulations exactly and seek the help of a qualified elderlaw attorney. If you would like more information regarding Medicaid, elderlaw or estate planning. Please contact attorney Gerald J. Turner at Orsi, Arone, Rothenberg, Iannuzzi & Turner, LLP

160 Gould Street

Suite 320

Needham, MA 02494

(781) 239-8900 (phone)

(781) 239-8909 (fax)