Massachusetts Estate Planning & Asset Protection Blog

Why Your Children and Grandchildren Should Have Healthcare Documents in Place

Posted by Dennis Sullivan & Associates on Fri, Aug 17, 2018

 

family

First, you may ask, what are the Healthcare Documents that you recommend?

At Dennis Sullivan & Associates we recommend to everyone over the age of 18 (clients, friends, and family members) have appointed people to make health care decisions, and to receive health care information.

This is especially crucial for those who have college students and young adults in their lives. Young adult children and grandchildren, often times headed away to college, need health care decision making documents in place. These documents include an Authorization for Release of Protected Health Information forms in place (HIPAA), and Living Will and Health Care Proxy.

An 18 Year Old Is An Adult!

Once you turn 18, you are legally an adult, and no one has any automatic right to any medical information. Medical professionals are obliged to withhold any and all medical information of yours from anyone who may be requesting information, unless you specifically grant them authority to release the information. Sometimes, young adults will let the doctor know that it is okay to share information with their parents or close relatives, but it may not come up when the young adult sees the doctor. If an 18 year old forgets or is unable to give their consent, medical professionals, by law, are required to withhold the information.

HIPAA

In the unfortunate event where a young adult is unable to give consent due to being unconscious or in a coma the only way for parents to gain this information is if their child has signed off on the Authorization for Release of Protected Health Information form (HIPAA). This allows a parent to get information from a college health center, and speak with the care team.

Health Care Proxy and Living Will

Terry Schiavo is the reason why the importance of a Living Will and Health Care Proxy gained national attention. A Living Will addresses end of life decisions including the permission/request to discontinue life support after an extended period if a person is in a persistent vegetative state. Terry Schiavo did not have a Living Will in place, and thus a decade long legal battle ensued between her husband and parents.

 

A Health Care Proxy designates an Agent that can make Health Care decisions on your behalf if you are unable to make the decisions for yourself. Examples of this could include being unconscious, lacking capacity, or being placed in a medically induced coma. A Health Care Proxy/Living Will and is essential because it names agents to make health care decisions if you’re unable to make decisions on your own.

The Health Care Proxy and Living Will give authority to a person (or persons) of your choice to make decisions if you are unable to.

In short, a HIPAA document will allow for those of your choice to be privy to medical records and a Living Will and Health Care Proxy will appoint an agent to be your medical decision maker in the event that you are unable to do so.

If you would like to implement these essential documents, call our office to schedule a consultation. Many of the estate plans we review are death plans. They are designed to solve situations that occur at death, avoiding probate and distributing the estate. While all these objectives are important, there is much more that is needed. One of the most important parts of planning focuses on how documents work while you and your family are living. To learn more about necessary elements of an estate plan, attend a complimentary workshop.

Tags: children, health, Health Care, HIPAA, health care proxy, grandchildren, power of attorney, Skilled Care

Is your Planning Stuck in Limbo? (part 2)

Posted by Dennis Sullivan & Associates on Tue, Aug 01, 2017

How does the debate over health care reform affect you and your estate plan?

35274856603_c2af85ca10_b.jpg In our last post we discussed the importance of keeping up with the constant changes happening in health care reform. We will continue to examine how the on-going deliberations in Washington may affect you, your future health care and your estate.  We at Dennis Sullivan & Associates are keeping up to date on all the changes, and making sure you stay informed on all the important details.  For more information on the current law of the land, you can download our Report: Senior & Boomers Guide to Health Care Reform.   

The Senate has dealt a devastating setback to Republican efforts to repeal and replace Obamacare, defeating a GOP "skinny repeal" bill early Friday morning. With the "skinny repeal" bill off the table, lawmakers are unsure of where the health care debate is headed. 

Senate Majority Leader McConnell and his staff are trying to find a balance between conservative Republicans, who want a full repeal of ObamaCare and a replacement that has lower health care costs, and more moderate Republicans who want to preserve its more popular benefits.

The deal-making process is in full swing, with the additions of opioid funding and allowing health savings accounts to be used to pay for insurance premiums. Some Senators are for potentially leaving in some taxes to pay for more generous benefits, after weeks of being criticized by Democrats for offering “tax cuts for the rich and Medicaid cuts for the poor.” Conservatives want to cut more from the regulations and many from Medicaid expansion states are uneasy about future cuts to Medicaid.

Senator Ted Cruz of Texas has offered an amendment called the “Consumer Freedom Option” that would allow insurance companies to sell any health coverage plan they wish as long as they provide one plan that satisfies the “essential benefits” mandates of Obamacare. While the Cruz amendment appeals to conservatives who want to provide consumers with lower cost options, moderates are concerned it could negatively impact those with pre-existing conditions. Supporters have suggested that federal subsidies could help ensure that premiums don’t increase for those who are seriously ill. The CBO is currently scoring this amendment.  

President Trump, along with Senator Rand Paul of Kentucky and Senator Ben Sasse of Nebraska, has even offered to repeal ObamaCare for now and replace it later.

Of course, no one is going to get everything they want so there must be compromises. Majority Leader McConnell has said that if the Senate is not able to pass a bill soon, Congress will have to pass a bipartisan measure to shore up the imploding health insurance markets.

And so, the Civics lesson continues. The process is at work.  As we see here the process can be long, unstable and worrisome.  Luckily for you your estate planning doesn’t have be. We at Dennis Sullivan and Associates make your estate planning and asset protection worry and stress free.  Once you have a plan in place you will feel confident knowing it will protect you, your family and your life savings.  You can enjoy life to the fullest knowing you and your family are protected no matter what unknowns lay ahead. 

 

At the Estate Planning & Asset Protection Law Center, we help people and their families protect their home, spouse, life-savings, and legacy for their loved ones.  We provide clients with a unique educational and counseling so they understand where opportunities exist to eliminate problems now as they implement plans for a protected future.

We encourage you to attend one of our free educational workshops, call 800-964-4295 and register to learn more about what you can do to enhance the security of your spouse, home, life savings and legacy.

Click Here to Register For Our Trust, Estate & Asset  Protection Workshop

Tags: Affordable Health Care, Affordable Health Care Act, Announcements, Elder Law, Estate Planning, Financial Planning, Health Care, Health Care Ruling, Medicaid, Medicare, Obamacare, Retirement, applying for medicare, Medicaid penalties, care costs, care, coverage, coverages, disenrollment, elder care, enrollment, elder care journey, federal, health, health Care act, life-care plan, long term care, medicaid qualification, medical expenses, proposed changes, senior, unreimbured medical expenses, seniors

What to Know Before You Enroll in Medicare

Posted by Dennis Sullivan & Associates on Fri, Feb 10, 2017

WHAT TO KNOW BEFORE YOU ENROLL IN MEDICARE

 Three critical things to know to keep your healthcare costs in check and make smart decisions.

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  1. The importance of enrolling in Medicare on time

It sounds like a no-brainer, but most people don’t realize that the effects of procrastination in their enrollment can cost them a rise in their part B premiums (these are the premiums that cover medical services) by 10% for each year they were eligible for Medicare but didn’t enroll. The “Initial Enrollment Period” is 7 months long, beginning three months before your 65th birthday and ending three months after. You may still enroll during the “General Enrollment Period” (from January 1 – March 31 of each year), however coverage won’t begin until July and be advised that you may have a late penalty. 

Another item to note: if you’re already receiving Social Security benefits before your 65th birthday, you may be automatically enrolled in Medicare (you’ll receive notification in the mail via a Medicare card in the 3 months before your 65th birthday if you are automatically enrolled) Special enrollment periods are available for  people who are either working as a volunteer abroad or still working at age 65 with employer-provided healthcare coverage.

  1. Which plan is right for you?

There are two main plan choices for a Medicare enrollee – the “original” Medicare plan or a Medicare Advantage Plan. Read on to discover the basic components of each plan and which is best for your needs.

 The “Original” Medicare Plan includes:

  • Part A: hospital coverage
  • Part B: physician/medical insurance
  • Part D: optional, provides prescription drug coverage
  • Enrollees can also opt to add on a private ‘Medigap’ plan which will pay for more of what Medicare doesn’t cover

 Medicare Advantage Plan, sometimes a better option than the Original Medicare Plan, are regulated by the US government although they are offered by private insurers. These plans are required to offer at least as much coverage as the original Medicare Plan and many often include prescription drug coverage as well as vision, dental or hearing coverage.

The Medicare website offers a helpful tool – the Medicare Plan Finder to help you compare your plan options. Whichever plan you choose, be aware that you may choose a different plan the following year.

  1. Take Advantage of the Available Services

Screenings and preventative care may sometimes be available at no extra cost, in addition to the wellness benefits included in your coverage. One annual wellness visit to your primary care doctor is included at no extra charge in your membership. You may also be eligible to other perks such as discounts on gym membership.

 In conclusion, following the tips above to make the most of your Medicare enrollment can enable seniors to live a longer and healthier life.

At the Estate Planning & Asset Protection Law Center, we help people and their families learn how to protect their home, spouse, life-savings, and legacy for their loved ones.  We provide clients with a unique educational and counseling approach so they understand where opportunities exist to eliminate problems now as they implement plans for a protected future.

If you would like more information on Medicare, the Affordable Care, or the impact of new health care laws on your health care coverage, request your free preview of our guide, the Senior & Boomers’ Guide to Health Care Reform & Avoiding Nursing Home Poverty.  

We encourage you to attend one of our free educational workshops, call 800-964-4295 and register to learn more about what you can do to enhance the security of your spouse, home, life savings and legacy.

Sources: Fox BusinessNews

Tags: Medicare, seniors, elder care, Elder Law, Health Care, applying for medicare, health, care costs, medical expenses

Underestimating the Risk of Long Term Disability: The Importance of Being Prepared I Massachusetts Elder Law Attorney

Posted by Wellesley Estate Planning Attorney, Dennis B. Sullivan, Esq., CPA, LLM on Fri, Mar 11, 2016

Underestimating the Risk of Long Term Disability:
The Importance of Being Prepared

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Most Individuals Will Face At Least a Temporary Disability
Study after study confirms that nearly everyone will face at least a temporary disability sometime during their lifetime. More specifically, one in three Americans will face at least a 90-day disability before reaching age 65 and, according to the definitive study in this area, depending upon their ages, up to 44% of Americans will face a disability of up to 4.7 years. On the whole, Americans are up to 3.5 times more likely to become disabled than die in any given year.

Many People Will Face a Long Term Disability
For many Americans, the disability will not be short-lived. According to the 2007 National Home and Hospice Care Survey, conducted by the Centers for Disease Control's National Center for Health Statistics, over 1.46 million Americans received long term home health care services at any given time in 2007 (the most recent year this information is available). Three-fourths of these patients received skilled care, the highest level of in-home care, and 51% needed help with at least one "activity of daily living" (such as eating, bathing, getting dressed, or the kind of care needed for a severe cognitive impairment like Alzheimer's disease).

Long Term Care Costs Can Be Staggering
Not only will many individuals and families face prolonged long term care, in-home care and nursing home costs continue to rise. According to the Genworth 2015 Cost of Care Survey, the Median Annual Cost for a Private Room in Massachusetts during 2015 was $114,026.

Perhaps most importantly, despite overwhelming and compelling statistics; most Americans grossly underestimate the risk of disability to themselves and to their loved ones. According to the Council on Disability Awareness 2010 survey:

  • 64% of wage earners believe they have a 2% or less chance of being disabled for 3 months or more during their working career; the actual odds for a worker entering the workforce today are closer to 25%.
  • Most working Americans estimate that their own chances of experiencing a long term disability are substantially lower than the average worker’s.

Given the high costs of care, this underestimation often leaves Americans ill prepared to pay for the costs of long term care.

All Planning Should Thoroughly Address Disability
When a person becomes disabled; he or she is often unable to make personal and/or financial decisions. If the disabled person cannot make these decisions, someone must have the legal authority to do so. Otherwise, the family must apply to the court for appointment of a guardian over the person or property, or both. Those who are old enough to remember the public guardianship proceedings for Groucho Marx recognize the need to avoid a guardianship proceeding if at all possible.

At a minimum, seniors need broad powers of attorney that will allow agents to handle all of their property upon disability as well as the appointment of a decision-maker for health care. We recommend that our clients have both a Health Care Proxy and a HIPPAA to make this transition smoothly. Alternatively, a fully funded revocable trust can ensure that the senior's person and property will be cared for as desired, pursuant to the highest duty under the law - that of a trustee.

Click here to view our Free Consumer Report on "The Plain Truth About Alzheimer's."

At the Estate Planning & Asset Protection Law Center, we even provide a unique education and counseling process which includes our unique 19 Point Trust, Estate and Asset Protection Review to help people and their families learn how to protect their home, spouse, life savings, and legacy for their loved ones. Attend a free workshop to discover where opportunities exist to eliminate problems now as you implement plans for a protected future.

You may register now for a free educational workshop - call 800-964-4295 or click the button below, to register and learn more about what youcan do to protect your spouse, your home, and your life savings.Click Here to Register For Our Trust, Estate & Asset  Protection Workshop

Tags: long term care, HIPAA, elder care, Estate Planning Recommendations, health, medical

Can Your Will Protect You When You Don't Die?

Posted by Massachusetts Estate Planning & Elder Law Attorney, Dennis B. Sullivan, Esq., CPA, LLM on Thu, Aug 07, 2014

 

What Happens When You Don’t Die?

medicare, medicaid, wills, spouse

 

Is your “I love you” will capable of protecting you or your spouse from long-term care costs?

You know the kinds of wills we’re talking about: The husband leaves everything to the wife, the wife leaves everything to the husband and after they both die, everything goes to the kids. This works well in situations where the spouses are healthy one day and are deceased the next. 

However, as most of us know, life usually doesn’t work that way very often. Research indicates that nearly 70% of individuals over 65 will require some kind of long-term care in their lifetimes.

Thus, many spouses worry that if they predecease an ill spouse who is currently in a nursing home or will require long-term care at some point in the near future, there will be insufficient funds available to provide for their institutionalized spouses’ needs. This is an especially relevant concern for expenses that are not covered under Medicaid such as: care managers, private nurses, single rooms, as well as certain therapies and drugs.

Another concern is that the availability of funds from “I love you” wills and trusts will disqualify the surviving ill spouse from eligibility for Medicare benefits. As you know from prior articles, Medicare (MassHealth in Massachusetts) is the only long-term-care governmental program in the United States and does not cover long-term custodial care.

To solve this problem many of our clients rely on a “testamentary trust”. This is a trust built into the will of each spouse. For many estate planners, this is counterintuitive because much of the estate planning occurs within the context of a revocable living trust. In order to preserve access to Medicaid eligibility without requiring that the surviving spouse spend down the assets and lose the chance to maintain a “rainy day fund”, creating a testamentary trust in the will of the pre-deceasing spouse is essential.

What this means is that around age 55, you have to completely revise your wills and trusts to accommodate a different paradigm of thought. The thinking process is no longer “What happens when I die?” Now the question becomes “What happens if I don’t die and live a long time with expensive long-term care?”

The new paradigm requires a new estate plan. If you consider yourself middle-class (meaning that your net worth will be significantly impacted by the cost of long-term care for you and/or your spouse) and are over age 55, we suggest that you revise and update your estate plan to reflect your current and future needs as soon as possible.

At the Estate Planning & Asset Protection Law Center, we help people and their families learn how to protect their home, spouse, life-savings, and legacy for their loved ones.  We provide clients with a unique educational and counseling approach so they understand where opportunities exist to eliminate problems now as they implement plans for a protected future.

We encourage you to attend one of our free educational workshops, call 800-964-4295 and register to learn more about what you can do to enhance the security of your spouse, home, life savings and legacy.

 Click Here to Register For Our Trust, Estate & Asset  Protection Workshop

Tags: will, living will, Estate Planning, Estate Planning, Alzheimer's Disease, Elder Law, asset protection, long term care, Medicaid, in-home care, Health Care, estate reduction, estate, elder care journey, hospice, Alzheimers Disease, medicaid qualification, Wills, assets, Medicaid penalties, alzheimer's activities, in home, incapacity, Elder Law, Attorney, myths, Alzheimer's, alzheimers, financial, Attorney, income, Alzheimer's, federal, health, surviving spouse, in-home care, long term care insurance

Healthy Eating Impacts Lifestyle|Massachusetts Elder Law Attorney

Posted by Massachusetts Estate Planning & Elder Law Attorney, Dennis B. Sullivan, Esq., CPA, LLM on Mon, Mar 31, 2014

Lifestyle, Healthy Eating

 

I tell my clients that, as you age, your food choices become more important, because they can keep you younger – and healthier – longer.

Eating a well-planned, balanced diet may reduce the risk of heart disease, stroke, Type 2 diabetes, bone loss, cancer, and anemia. If you already have one of these diseases, eating well may help you better manage it. And it can also help reduce high blood pressure and cholesterol.

 

 

The foods you put into your mouth are the fuel that powers not only your body, but also your brain health. And they help you control – or lose control of – your weight. Extra weight, of course, increases your risk for diseases such as Type 2 diabetes and heart disease, as well as joint problems.

 

 

 

Choosing mostly nutrient-dense foods that are light in calories will give you the energy you need, while enhancing your digestion, too.

We all have friends that have started “diets” and not stuck to them. Eating well has nothing to do with a “diet.” It’s part of an everyday healthy lifestyle. That’s why it’s important to start with small steps such as ditch the salt shaker. It’s a killer – literally!

And add more seafood, fruits, whole-grain bread, and vegetables to your grocery cart.

Always check with your doctor or dietician first if you have a specific medical condition.

And, remember: It’s not about a diet. It’s about a lifestyle!

 

At the Estate Planning & Asset Protection Law Center, we help people and their families learn how to protect their home, spouse, life-savings, and legacy for their loved ones.  We provide clients with a unique educational and counseling approach so they understand where opportunities exist to eliminate problems now as they implement plans for a protected future.

We encourage you to attend one of our free educational workshops, call 800-964-4295 and register to learn more about what you can do to enhance the security of your spouse, home, life savings and legacy.

 

                                    Click Here to Register For Our Trust, Estate & Asset  Protection Workshop

 


Tags: massachusetts estate planning strategies, Health Care, Massachusetts, health, medical, 2014, Healthy Eating, balanced diet, lifestyle

Slowing the Aging Process If You're A Senior|Massachusetts Elder Law Attorney

Posted by Massachusetts Estate Planning & Elder Law Attorney, Dennis B. Sullivan, Esq., CPA, LLM on Wed, Feb 26, 2014

 Slowing down the aging process

You can’t stop your body from aging.

But you can slow the process down. One way to do it is by eating a nutritious variety of foods that stimulate both physical and mental well-being, and that supply you with weapons to make the good fight against Father Time.

Here are some tips…

 

 

  • Salt’s a killer. Eating less will help prevent water retention and high blood pressure. Look for the “low sodium” label. And season your food with garlic, herbs, and spices instead.
  • You can enjoy some “good” fats. Olive oil, avocados, salmon, walnuts, flaxseed, and other monounsaturated fats help prevent heart disease.
  • FIBER! As you get older, it becomes more important. It helps you avoid constipation, and lowers your chances of chronic illness. Among other foods, it’s found in raw fruits and vegetables, whole-grains, and legumes.
  • Avoid “bad” carbs such as white flour, refined sugar, and white rice, which are stripped of their bran, fiber, and nutrients. Bad carbs cause spikes in blood sugar, while complex carbs such as whole grains, beans, fruits, and vegetables help stabilize it.
  • Food companies do their best to camouflage sugar in their products. They’ll call it corn syrup, molasses, brown rice syrup, cane juice, fructose, sucrose, dextrose, or maltose. But it’s still sugar!  
  • Steam or sauté your vegetables in olive oil. (Boiling drains nutrients.)
  • Put five colors on your plate. Fruits and vegetables rich in color are generally rich in nutrients, too.

At the Estate Planning & Asset Protection Law Center, we help people and their families learn how to protect their home, spouse, life-savings, and legacy for their loved ones.  We provide clients with a unique educational and counseling approach so they understand where opportunities exist to eliminate problems now as they implement plans for a protected future.

We encourage you to attend one of our free educational workshops. Call 800-964-4295 and register to learn more about what you can do to enhance the security of your spouse, home, life savings and legacy.

 

Click Here to Register For Our Trust, Estate & Asset  Protection Workshop

Click below to download your free copy of 7 Strategies to Protect Yourself Against Obamacare, Higher Taxes, Increasing Nursing Home Costs, and Other Government Changes.

estate planning, asset protection, Obamacare 

 Click here

 

 

Tags: massachusetts estate planning strategies, Estate Planning, Elder Law, family, Massachusetts, care, lawyer, Attorney, health, family, 2014, Dennis Sullivan, Healthy Eating, balanced diet

Massachusetts Elder Law Attorney | What is a "But For" Letter?

Posted by Massachusetts Estate Planning & Elder Law Attorney, Dennis B. Sullivan, Esq., CPA, LLM on Mon, Dec 24, 2012

We talked last week about MassHealth’s transfer penalty, but what exactly is a “but for” letter?  As I explained , the MassHealth penalty doesn’t start when the transfer of assets is made, but only after the other requirements are met, meaning the application is filed and all MassHealth, attorney, elder lawthe other MassHealth requirements are met.   A “but for” letter is the written communication from MassHealth stating that but for the transfer penalty you would have been eligible to receive benefits.  It tells you exactly when the penalty starts and how long it will be.  The State will not pay for your care during the time frame of the penalty.  You’ll need to find other means to pay for the care.

Click here to get a free sneak preview of the “Senior and Boomer’s Guide to Health Care Reform & Avoiding Nursing Home Poverty”, which contains information on how Massachusetts Seniors and Boomers will be impacted by the Affordable Care Act!

At the Estate Planning & Asset Protection Law Center of Dennis Sullivan & Associates, we help people and their families concerned with losing their homes and life savings to increasing medical and nursing home costs, taxes and the costs and time delays of probate. We also protect clients from losing control of their own health and financial decisions.

describe the imageWe encourage you to attend one of our free educational workshops to learn more about our process and what you can do to enhance the security of your spouse, home, life savings and legacy. To register for a seat at an upcoming workshop call (800) 964-4295 (24/7) or register online at www.SeniorWorkshop.com

Tags: MassHealth, Massachusetts, caregiver, Elder Law, Attorney, health, legal, home, but for, letter

Massachusetts Elder Law Attorney | Does MassHealth Permit a Family Member to be Paid to Provide Care?

Posted by Massachusetts Estate Planning & Elder Law Attorney, Dennis B. Sullivan, Esq., CPA, LLM on Thu, Dec 20, 2012

We tell our elder law clients that family members are allowed to receive payment for their duties as caregivers.   Family members who wish to be paid as caregivers should be conservative when determining a fee.  Fees should be less than or equal to the current fair market value of an outside aide service.  Also, family caregivers must be realistic when determining the amount of hours worked.  For example, if the family member holds a full time job, he or she may not charge for care given while at work in their full time employment.MassHealth, elder law, Massachusetts  Family members may not be paid in advance (in a lump sum) nor may they be hired retroactively for services already provided.  If there is no family caregiver agreement in place, the family member may not be paid for past services.  MassHealth presumes that the care was provided by the child “out of love” with no expectation of financial compensation.

At the Estate Planning & Asset Protection Law Center, we help people and their families learn how to protect their home, spouse, life-savings, and legacy for their loved ones.  We provide clients with a unique educational and counseling approach so they understand where opportunities exist to eliminate problems now as they implement plans for a protected future.

To gain free online access to the Complete Alzheimer's Resource Kit, which contains care tips as well as other useful information on Alzheimer’s disease, please visit www.BostonMemoryLawyer.com.

We encourage you to attend one of our free educational workshops, call 800-964-4295 and register to learn more about what you can do to enhance the security of your spouse, home, life savings and legacy.

Click Here to Register For Our Trust, Estate & Asset  Protection Workshop

Tags: MassHealth, Massachusetts, caregiver, Elder Law, Attorney, health, legal, aide, home

Massachusetts Elder Law Attorney | Can Paying for Home Health Aides Cause a MassHealth Penalty? (Part 2)

Posted by Massachusetts Estate Planning & Elder Law Attorney, Dennis B. Sullivan, Esq., CPA, LLM on Wed, Dec 19, 2012

Can Paying for Home Health Aides Cause a MassHealth Penalty? (Part 2)

There are two components to properly paying a home health aide hired without the assistance of an agency:

1. Enter into a Caregiver Agreement with the aide – this agreement lays out the duties of the aide and the rate.  In short, it provides New Jersey MassHealth  with a record that an individual was hired to care for the eventual applicant and that the money withdrawn from the applicant’s account was used in return for a service (i.e.; transferred for value).  Some aides may be hesitant to sign due to their fear of the IRS or INS (immigration).  We explain to our elder law clients that the purpose of this agreement is to document payment for services forMassHealth, Medicaid an eventual MassHealth  filing, not to report the aide to a government authority.  This, of course, does not excuse the applicant and the aide from reporting income.  We do not provide advice on IRS and INS reporting rules, nor do we offer any guarantees that MassHealth  will not communicate with other government entities, however, we do tell clients that, to our knowledge,it has never happened and is not likely given how expansive “the government” is. 

2. Maintain receipts – simply buy a book of receipts from an office supply store.  Have the aide sign a receipt each time he/she is paid noting the dates of services for which payment is being made and the services performed

It should be noted that hiring a home health agency is never a problem for MassHealth.  The contract with the agency is proof of the services provided and payments are made to the agency, not to the aide.  A red flag for MassHealth  are checks made payable to an individual.  When they see checks to “Jenny Smith” they assume it is a gift to Jenny, who, they presume, is a family member.  You know that Jenny has been working for years taking care of Mom, but remember that MassHealth  doesn’t know that, and again, a verbal statement, unsupported by supporting documentation, will not be enough.

To gain free online access to the Complete Alzheimer's Resource Kit, which contains care tips as well as other useful information on Alzheimer’s disease, please visit www.BostonMemoryLawyer.com

At the Estate Planning & Asset Protection Law Center of Dennis Sullivan & Associates, we help people and their families concerned with losing their homes and life savings to increasing medical and nursing home costs, taxes and the costs and time delays of probate. We also protect clients from losing control of their own health and financial decisions.

We encourage you to attend one of our free educational workshops to learn more about our process and what you can do to enhance the security of your spouse, home, life savings and legacy. To register for a seat at an upcoming workshop call (800) 964-4295 (24/7) or register online at www.SeniorWorkshop.com

 

Click Here to Register For Our Trust, Estate & Asset  Protection Workshop

Tags: MassHealth, Massachusetts, caregiver, Elder Law, Attorney, health, legal, aide, home

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