Defining Supplemental Needs Trusts

How are Supplemental Needs Trusts Defined?

What items and expenses can be distributed?

Distributions ‘Supplement’ but do not Replace Assistance.

Distributions from a Supplemental Needs Trust cannot be made on behalf of the Beneficiary if the effect of such distribution is to replace, or to disqualify a Beneficiary from receiving Government Assistance. The Trust asset is available only to the Beneficiary as […]

By |March 17th, 2020|Elder Law|Comments Off on Defining Supplemental Needs Trusts

Does MassHealth Lifetime Lien End on Recipient’s Death?

Federal Medicaid law allows states to place a lien on real estate that is not sold during the Medicaid application process.

The state Medicaid agency has the right to recoup what it spent on the Medicair recipient if the real estate is sold during the Medicaid recipient’s lifetime, and that is the point of the lien.

By |February 6th, 2020|Elder Law|Comments Off on Does MassHealth Lifetime Lien End on Recipient’s Death?

Divorce and The Disabled

This letter will be of great help to you if you mediate divorce and other family law matters. I have been preparing Supplemental Needs Trusts for many years for the Personal Injury Bar.

Recently, I was retained to assist an attorney handling a divorce for a client who is disabled. Without a Supplemental Needs Trust, the sale of the marital […]

By |January 17th, 2020|Elder Law|Comments Off on Divorce and The Disabled

BRIEF GUIDE TO SPECIAL NEEDS TRUST

How can a Special Needs Trust assist my client who has a disability? A Special Needs Trust (SNT) provides for the maintenance of an individual with disabilities by supplementing, rather than replacing, government benefits. It can be either self-settled Trust (their own money) or third-party (someone else’s money) for the individual with a disability, in order to pay for […]

By |December 16th, 2019|Elder Law|Comments Off on BRIEF GUIDE TO SPECIAL NEEDS TRUST

Hospital Observation or Admission

WERE YOU “ADMITTED” TO THE HOSPITAL OR WERE THEY MERELY “OBSERVING YOU”

Everyone knows the rule (but they really don’t) that if you enter a nursing home after a three-day stay in a hospital, Medicare will pay the nursing home bill for a while. That is simply not the case. For the last few years, in a cost-cutting ruse, Medicare […]

By |May 23rd, 2017|Elder Law|Comments Off on Hospital Observation or Admission

Odin Anderson & Other v. American International Group, Inc

Anderson v Aig Court s Findings and Conclusions April 2014