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The cost of long-term care shouldn’t destroy everything you’ve built.
Maybe you’re here because a loved one just entered a nursing home. Or maybe you’re planning ahead to avoid putting your own children in that same stressful position someday. Either way, you’re facing complex rules, big decisions, and a lot of misinformation.
At Family Estate Planning Law Group, we help Massachusetts and New Hampshire families make confident decisions about long-term care, no matter where they are in the process. Whether you’re in the middle of a Medicaid crisis or planning years in advance, our Medicaid planning attorneys are here to guide you.
What Is Medicaid Planning in Massachusetts?
Medicaid planning is the process of preparing for the possibility of long-term care and the significant costs that come with it. In Massachusetts, nursing home care often exceeds $180,000 per year. Without a plan, those costs can quickly wipe out a lifetime of savings.
Some families reach out early, wanting to explore options that could protect assets in the future. Others come to us when a loved one is already receiving care, looking for guidance on what’s possible. While we don’t handle Medicaid applications ourselves, we help families understand their options and connect them with trusted professionals when appropriate.
Without a plan, long-term care costs can quickly wipe out a lifetime of savings.
What Is Medicaid Crisis Planning in Massachusetts?
Crisis planning happens when someone already needs care or will need it very soon. If you’ve been told it’s too late to protect anything, that’s simply not true. You may still have options.
While we don’t handle Medicaid (MassHealth) crisis applications ourselves, our Medicaid crisis planning attorneys in Lynnfield are often one of the first calls families make. We can help you understand what’s involved, what documents you’ll likely need, and connect you with trusted professionals who focus on this type of planning. It’s never too early, or too late, to ask for help.
The Massachusetts Medicaid Look-Back Period
Massachusetts applies a five-year “look-back” period to Medicaid applications. This means the state will review any gifts or transfers made within five years to determine if they create a penalty period before eligibility begins.
If planning is done in advance, we can use that time to build strong protection. If planning is happening now, we’ll assess what actions have already been taken and advise you on the best next steps.
Tools We May Use to Protect Assets
Depending on your family’s situation, we may use a combination of legal and financial strategies, including:
- Qualified Income Trusts (Miller Trusts)
- Medicaid Asset Protection Trusts (MAPTs)
- Annuities and structured spend-downs
- Gifting strategies and promissory notes
- Life estates
- Spousal protections
These tools are powerful when used correctly. But they can backfire if handled improperly or too late. That’s why professional guidance from a Medicaid planning lawyer in Massachusetts is so important.
What This Could Look Like: A Realistic Scenario
Imagine a married couple in their early 70s. They live in Reading, Massachusetts. One spouse is relatively healthy. The other has been diagnosed with early-stage Alzheimer’s. They have about $800,000 in total assets, mostly in retirement accounts and home equity.
They come to us before any nursing home care is needed. Because they’re planning in advance, we’re able to:
- Move assets into a Medicaid Asset Protection Trust
- Structure the trust so the healthy spouse maintains access to income
- Ensure the home is protected under MassHealth rules
- Set up a Qualified Income Trust for future flexibility
- Create a clear strategy in case care is needed sooner than expected
They leave with a long-term plan that reduces stress for their children and protects the legacy they’ve worked hard to build.
Avoiding Common Mistakes
Many families come to us after hearing advice like “just spend everything down” or “it’s too late to protect anything.” Others try to move assets without understanding the penalties involved.
Some of the most costly missteps include:
- Giving away large assets without a plan
- Believing you can’t apply because of income
- Waiting too long to act after a diagnosis
- Assuming all elder law firms offer the same level of service
If you’re unsure, the best first step is to speak with a Massachusetts Medicaid planning lawyer who understands the full picture.
What About Estate Recovery?
Massachusetts has a Medicaid estate recovery program. This means that after a MassHealth recipient passes away, the state may try to recover the cost of care from their estate. In many cases, this includes placing liens on the home or other remaining assets.
With thoughtful planning, much of this risk can be minimized or avoided. Our team will help you understand how estate recovery works and what strategies may protect your family from unnecessary loss.
How Our Medicaid Planning Attorneys in Massachusetts Help Families Like Yours
Medicaid planning is not just about documents. It’s about helping your family navigate a high-stress, high-stakes situation with clarity and confidence. At FEPLG, we offer:
- Rapid response for Medicaid crisis planning situations
- Custom legal strategies based on your goals
- Coordination with financial advisors and care providers
- A team approach grounded in long-term relationships
- A focus on asset alignment and legacy protection
We don’t just prepare documents and wish you luck. We walk with you through the entire journey.
Massachusetts Medicaid Rules: A Quick Look
Here are a few key MassHealth guidelines to keep in mind:
- Asset limit for a single applicant: $2,000
- Asset limit for a healthy spouse (2025): Up to $154,140
- Monthly income limits vary based on care needs and marital status
- Look-back period: 5 years for all asset transfers
- Estate recovery: Applies to probate assets, including the home if not properly titled
These figures are subject to change, which is why working with a knowledgeable Medicaid planning lawyer is so important.
Massachusetts Medicaid Planning Attorney: FAQs
Is it Too Late To Plan if Someone is Already in a Nursing Home?
No. There are legal strategies that can be implemented even if care has already started. The sooner you act, the more options you will have.
What is the Medicaid Look-Back Period in Massachusetts?
The look-back period in Massachusetts is five years. If you transferred assets within that time, it may trigger a penalty period — but you may still qualify with the right strategy.
What is a Qualified Income Trust (Miller Trust)?
This trust allows individuals who are over the income limit to still qualify for Medicaid by placing excess income into a restricted account that is used only for approved expenses.
Can Medicaid Take My House?
Not while you are living in it, but the state may try to recover costs from your estate after death. With proper planning, this risk can often be avoided.
