Elder Law

Long-term care services help people meet activities of daily living such as dressing, bathing, eating, continence and transferring.  When an individual’s Medicare Part A expires there remains only 3 options to pay for long-term care services:  1. Long-Term Care Insurance, 2. Privately Paying or 3) MassHealth (Medicaid).

Clients’ Concerns:

“My father had a stroke which left him paralyzed.  When Medicare discontinued he was forced to pay for the cost of his nursing home privately.  This depleted his entire estate.”

Medicare Part A covers customary care and services in hospitals.  Benefits are financed in part by deductibles and coinsurance which must be paid by the beneficiary.  Medicare will pay up to 100 days.  After the first twenty days of benefits there is a co-pay of $138 dollars per day.

Then the individual is responsible for the cost.

“After my mother passed away we were forced to sell her home to reimburse MassHealth.”

MassHealth has the right to be reimbursed for expenses incurred from your probate estate.  If a Massachusetts resident owns a home alone or jointly with a spouse MassHealth will place a living lien on the property.  This lien gives the State the authority to recover MassHealth payments made on your behalf if the property is sold while you are alive.

“I receive SSI, SSDI and MassHealth benefits.  My home is in need of repairs but if I take out a loan will I lose my benefits?”

A Reverse Mortgage is a loan available to seniors over age 62 who have equity in their home.  The loan is not repaid until the second spouse dies.  At this time the house is sold to pay back the loan.  A Reverse Mortgage provides a stream of income, or lump sum payment which is considered noncountable when determining benefit eligibility.

“My father keeps falling and requires a residential care facility, assisted living facility or nursing home.  How do I determine his appropriate residence?”

Residential care facilities, assisted living facilities and nursing homes are governed by different governmental organizations.  Therefore, their laws and regulations differ.  This impacts the services they are authorized to provide to their residents.  It is wise to consult an elder law attorney before entering into a contract with a facility to make certain that the facility services your needs.

“My mother has dementia and I am having a difficult time accepting that she can no longer remember that I am her daughter.”

Long Term Care PlanningThe aging process can be the most difficult on the ones left behind.  There are a plethora of support services available in the community.  The Law Office of Jennifer L. Snyder advises at multigenerational levels.  I refer family members to geriatric care managers, social workers and doctors.  These professionals encompass holistic services to your family.