In many areas of law outside of the court system, laypersons will frequently attempt to educate and counsel themselves to save money. While this may not always be a bad idea, many times the self-help method might cause actual losses, not savings. A Cape Cod Medicaid attorney by contrast can actually help save money in the MassHealth application process. Such savings might materialize in the form of actual money, in successfully qualifying for expensive long-term benefits, or in the potential hundreds of hours you might spend on research and putting the application together. Below we have listed some of the benefits of hiring a MassHealth attorney.
Hiring an Attorney Ensures You Will Consider the Entire “Estate”
MassHealth, the Massachusetts agency responsible for administering long term care Medicaid benefits, is very thorough in its investigation of an applicant’s assets. Given that the Medicaid lookback period goes back 5 years, the Medicaid applicant has a relatively high burden to satisfy with respect to financial and transaction records. At the same time, there are certain classifications of assets that will not be counted as assets when there is a community spouse. A Medicaid attorney aids in this process by providing expertise on these distinctions, by identifying countable assets that are convertible to uncountable ones, and by executing the legal documents necessary to make such conversions.
A Massachusetts Medicaid Attorney Contributes Impartial and Qualified Advice
Quite often, in order to speed up the process for all parties involved, employees at a nursing home will offer advice on the Mass Health application process. And while such employees usually have the best intentions, their goals are not entirely consistent with the applicant’s. First, the facility will be paid regardless of whether the money comes out of the government or applicant’s pocket. Second, the nursing home has no incentive to protect the assets of its residents, nor does it have the expertise to do so. If the goal is to guarantee an applicant will be approved for Medicaid benefits as soon as possible, with minimal losses, a Medicaid attorney must be employed.
Late Expert Attorney Advice May Yet Streamline the Application
Even though the most successful asset protection strategies should begin well before the Medicaid application, there are still options available to the applicant at the last minute. A Medicaid Attorney is the most experienced party to help you identify these options. Moreover, when the application process is just begun after admission, the applicant’s interest in qualifying for benefits becomes a great deal more urgent. It would be unfair to the entire family if a MassHealth applicant became disqualified, and lost eligibility for Medicaid benefits simply because no one thought to consult an expert.
Legal Expertise Pays for Itself When Translating Medicaid Rules
In truth, even a doctor in the English language couldn’t understand how MassHealth interprets the Medicaid rules, if he never went through the process himself. Navigating the application process is an extremely complex process that, while attempting to provide for those in need, actually creates an overly confusing experience. Reading, for example, that the validity of an asset transfer depends in part on the meaning of the term “otherwise eligible,” means nothing to the non-practitioner without an expert’s advice.
An Attorney Will Stop You From Giving Away Your Assets
Perhaps the most frequently encountered Medicaid crisis occurs when an applicant mistakenly believes she can simply give away her assets to qualify for long term care benefits. While there are certain acceptable gifts that may be made, and certain asset transfers that won’t affect eligibility, such transactions should be looked at by an attorney. Spending down assets is one of the most misunderstood strategies in the Medicaid process, and should not be followed on advice from a layperson. Doing so could result in extremely disastrous consequences! Contact a Massachusetts Medicaid Attorney today.
