Nursing Home Planning Attorney in Worcester, Massachusetts

None of us wants to envision a future where we become nursing home residents due to an inability to care for ourselves, but for many of us that time will come. According to a 2024 report, 70% of people ages 65 and older will need some type of long-term care before they die. Unfortunately, the cost of nursing home care continues to rise. In Massachusetts, the current cost of a semi-private room is $14,009/month and the cost of a private room is $15,038 per month. Considering the high costs and the probability that you may need a nursing home, working with a skilled nursing home planning lawyer can help you understand your options and make the best choices for your future.

When planning for long-term care, you must consider multiple factors, such as your choice of nursing home, how you will pay for it, and the type of care you will need. At The Law Office of Polly Tatum in Worcester, Massachusetts, we provide personalized and holistic legal services designed to meet the unique needs of our clients. With over 24 years of experience, our team offers comprehensive solutions in estate planning, elder law, asset protection, probate, and estate administration for peace of mind and protection for your legacy.

Our holistic approach goes beyond conventional estate planning by incorporating deep empathy and connection with our clients. We know from personal experience how vital it is to safeguard your loved ones. As your dedicated partner in researching and planning for assisted living facilities, we provide unwavering support and clarity through every stage of life, adapting our services as your circumstances evolve. We understand that careful planning now helps you avoid the financial stress of wondering how to pay for nursing homes later, and helps you preserve assets for your family.

Although nursing home planning can feel like an overwhelming task, the first step is to understand the process and your options. A nursing home attorney from our law firm can explain the legal aspects of long-term care planning and protect your rights. Don’t wait until it’s too late to make plans for your future health care needs.

Key Takeaways About Nursing Home Planning in Worcester, Massachusetts

• 70% of people ages 65 and older will need some type of long-term care before they die.
• In Massachusetts, the current cost of a semi-private room is $14,009/month and the cost of a private room is $15,038 per month. Due to financial constraints, the majority of people need to engage in nursing home planning to access the health care and skilled nursing they may need in the future.
• Working with a knowledgeable nursing home lawyer can help you understand your options and make the best choices for your future.
• Planning for long-term care and nursing home care involves choosing a nursing facility and restructuring assets in a legal process that helps you pay for proper care when you need it and preserve your legacy for your loved ones.
• Taking the time to investigate nursing homes now will help you prevent nursing home abuse and having to hire a nursing home law firm.
• The Law Office of Polly Tatum offers personalized and holistic legal services for estate planning, elder law, asset protection, probate, and estate administration in Worcester, Massachusetts. With over 24 years of experience, our nursing home planning attorneys have helped countless clients select nursing homes and engage in the legal process of restructuring assets to pay for them.

What is Nursing Home Planning?

Nursing home planning involves creating a comprehensive plan for future long-term care needs before you need them, and preparing your assets for Medicaid qualification. It often includes choosing the right nursing home, understanding payment options and costs, and creating documents to protect your legal rights.

Depending upon your unique circumstances and desires, the nursing home planning process could involve several different documents to determine how you will use your assets to pay for your care, and who will make decisions on your behalf if you become incapacitated.

If you have minor children or family members with mental disorders or other disabilities, you may need to make arrangements for their care. Our nursing home lawyers can guide you through these difficult decisions with empathy and knowledge.

What’s Involved in the Nursing Home Planning Process?

When planning for nursing home care, specific legal documents and Medicaid Planning can alleviate some of the financial strain and provide peace of mind. The proper legal documents outline your wishes and manage your assets according to your specifications should you become incapacitated.

• Will — A will takes effect after your death and enables you to specify the distribution of your estate.
• Trust — Trusts are legal entities that allow you to transfer ownership of your assets and still retain control over them until you pass away.
• Durable Power of Attorney — A durable power of attorney designates an individual to make healthcare and financial decisions on your behalf.
• Advance Directives — These legal documents include a living will and a health care proxy and specify your preferences for medical treatment under various circumstances. Although a living will is not legally binding in Massachusetts, it can express your wishes regarding end-of-life care and the types of medical treatments you would or would not want.

Why is Choosing the Right Nursing Home So Important?

Although we expect nursing homes to care well for the loved ones we entrust to them, nursing home abuse is a tragic reality for many older adults and other vulnerable patients.

What is Nursing Home Abuse?

Nursing home abuse refers to the mistreatment or neglect of residents in nursing facilities. Elder abuse and nursing home abuse can take various forms, including:

• Physical abuse
• Emotional or psychological abuse
• Sexual abuse
• Financial exploitation
• Nursing home neglect

As nursing home abuse attorneys know, neglecting residents involves actions or failures to act that cause harm or distress, such as substandard care, abuse and neglect. Recognizing the signs of poor care and abuse — such as a serious injury you cannot explain, sudden changes in behavior and mental health, or poor hygiene — is instrumental in protecting vulnerable individuals.

Addressing and resolving nursing home abuse and neglect often involves legal action in the form of a nursing home abuse lawsuit and reporting to appropriate authorities to ensure the safety and well-being of the other residents.

If you suspect nursing home abuse and neglect in Massachusetts, report it to the following authorities and support services:

1. Massachusetts Department of Public Health (DPH): This agency focuses on human services and oversees the licensing and regulation of nursing homes. You can file a complaint with them regarding any suspected nursing home negligence or abuse.
2. Elder Abuse Hotline: You can contact the Massachusetts Elder Abuse Hotline. This hotline is available 24/7 to report any form of elder abuse, including in nursing homes.
3. Local Law Enforcement: If you believe a crime has been committed, you should also contact local police to report the abuse.
4. Long-Term Care Ombudsman Program: This program advocates for residents of nursing homes and can assist in resolving complaints and issues related to care and treatment.

When to Consult Nursing Home Abuse Lawyers

In addition to the above, if you suspect or experience nursing home abuse and neglect, consult an experienced nursing home abuse attorney immediately. Knowledgeable nursing home abuse lawyers can help you understand your rights and take the necessary legal steps to protect yourself and your loved ones.

What Types of Injuries Form the Basis of Nursing Home Abuse Lawsuits?

The following types of injuries are often associated with nursing home abuse cases:

• Bedsores, falls, fractures and other physical injuries
• Malnutrition and dehydration
• Emotional distress or mental anguish caused by abuse or neglect
• Financial losses due to fraud, theft, financial exploitation or another illegal act at the hands of a nursing home employee

An experienced nursing home abuse attorney will argue that these often preventable injuries may constitute elder abuse and other legal violations. Injured residents or their families can seek financial compensation through a personal injury claim against the assisted living facility or nursing home. We want to help you avoid such unfortunate situations. Careful review and investigation of prospective nursing homes is a wise preventive step when planning for and pursuing your nursing home options.

Complications in the Nursing Home Planning Process

From our many consultations with clients, our nursing home attorneys understand the complications that can arise. First, you must decide who you can trust to make decisions about your medical care when you cannot express them yourself. Choosing someone you trust implicitly who shares your values is a must.

Once you have selected the right person, you need to empower them with the legal rights to make these decisions by establishing a Durable Power of Attorney or a Health Care Proxy. These documents establish the legal authority of the person you have chosen to make medical and financial decisions on your behalf.

Another complication involves financial resources, given the skyrocketing cost of nursing home care. Although private insurance is an option, it’s expensive and may not cover all the medical bills. Medicaid, a joint state-federal program known as MassHealth in Massachusetts, covers the cost of skilled nursing and nursing home care for those who meet its eligibility requirements. Our nursing home lawyers can review all your options and help you make the best choices for your future.

Medicaid, Medicare, and Nursing Home Coverage

As an experienced nursing home planning attorney knows, a comprehensive understanding of Medicaid, Medicare, and how they relate to nursing home coverage when planning for your future medical care is vital. These government programs provide different types of health insurance coverage for seniors, individuals with disabilities, and low-income individuals.

Medicare

A federal program that provides health insurance coverage for people 65 years old or older and younger people with specific disabilities, Medicare provides limited coverage for nursing home care, focusing primarily on short-term stays and specific medical services. Generally, Medicare will cover up to 100 days of skilled nursing facility (SNF) care per benefit period if you meet certain conditions, such as a qualifying hospital stay of at least three days beforehand. During this period, Medicare pays for 100% of the cost for the first 20 days, while for days 21 through 100, you are responsible for a daily co-payment.

However, Medicare does not cover custodial care or long-term care, which is the type of care the majority of nursing home residents need. Custodial care includes assistance with activities of daily living, such as bathing, dressing, and eating, which do not require professional medical skills. Thus, for long-term stays that primarily involve custodial care, you will need to look for alternative payment methods, such as personal savings, long-term care insurance, or Medicaid, for financial assistance.

Medicaid

Medicaid is a joint federal-state program that can assist in covering the cost of long-term care in nursing homes for people with limited income and resources. Medicaid eligibility requires careful planning and adherence to specific asset and income limitations. To qualify for Medicaid services, individuals must often restructure their assets, which can involve spending down resources, establishing Medicaid-compliant trusts, or transferring property well in advance of applying for Medicaid.

These processes necessitate strategic planning and adherence to federal and state laws to avoid penalties or delays in benefits. Consulting experienced nursing home lawyers can provide invaluable guidance in navigating these complex aspects and help you plan for your long-term care needs, financial support, and legal protection.

Eligibility Criteria for Medicaid in Massachusetts

To be eligible for Medicaid in Massachusetts, also known as MassHealth, you must meet certain requirements related to income and assets. As of 2024, these are the monthly income limits:

• $2,382 for single individuals
• $2,891 for married couples with both spouses applying
• For married couples with one spouse applying who does not live in a nursing home or another institution:
  • If the non-applicant spouse has no income: $3,259.50 per month
  • If the non-applicant spouse has some income: $3,259.50 minus their monthly income.

As of 2024, the asset requirements for people seeking nursing home care:

• $2,000 for single individuals
• $3,000 for married couples with both spouses applying
• $130,380 for married couples with one spouse applying who does not live in a nursing home or another institution.

Your nursing home planning lawyer can explain why some assets may be exempt from being counted toward these limits under state-specific rules and regulations.

How Medicaid Planning Can Help with Nursing Home Costs

Your nursing home attorney can guide you through the process of Medicaid planning, restructuring your assets to meet eligibility requirements and avoid costly penalties. Based on your specific circumstances, some strategies that can help give you access to nursing home facilities when you need them include:

• Spending Down Assets — This strategy involves converting countable resources, such as cash or investments, into exempt assets, such as a primary residence or personal belongings. The goal is to qualify for Medicaid and preserve a portion of your estate.
• Establishing Irrevocable Trusts — An irrevocable trust is an asset protection tool that enables you to transfer ownership of your assets to a trustee and retain certain control over the management and distribution of those assets. With an irrevocable trust, you can protect your assets from Medicaid spend-down requirements and safeguard them for future generations.
• Transferring Assets — Transferring assets to family members, such as a spouse or child, can help you fulfill eligibility requirements. However, you must adhere to strict federal and state laws governing asset transfers to avoid penalties and delays in benefits.
• Planning Well in Advance — A nursing home planning attorney knows that planning ahead allows individuals to make decisions in alignment with their long-term care goals and avoid costly mistakes. Consulting an experienced nursing home lawyer long before you need nursing home care helps you establish an effective plan that can meet your needs, and which complies with legal regulations.

The Medicaid Look Back Period and Its Implications

When determining eligibility for Medicaid, the state conducts a review of your financial records in a process that includes a “look back” period of five years prior to the date of application. During this time, the government will scrutinize any transfers or spending down of assets, and penalties may apply if they deem them non-compliant with regulations.

For this reason, planning well in advance with the guidance of an experienced nursing home planning attorney is crucial. They can advise you about the complex rules and regulations surrounding Medicaid planning for nursing home care, protect your assets, and plan for long-term care services without putting a financial burden on you or your loved ones.

Do I Need a Nursing Home Planning Lawyer?

Planning for nursing home care involves careful consideration of legal documents, financial resources, and Medicaid eligibility. By consulting knowledgeable nursing home planning attorneys and creating a comprehensive plan, you can secure your future and gain peace of mind concerning future care.

Your nursing home planning lawyer will help you establish the proper legal documents, Which may include the following:

• Will
• Power of Attorney
• Advance Directives

Furthermore, a nursing home planning lawyer can help you navigate the complexities of Medicare and Medicaid.

At The Law Office of Polly Tatum, we recognize the emotional benefits of our nursing home planning services because our clients come to us with concerns about the cost of nursing homes, their future, and the well-being of their families. The nursing home attorneys at our practice provide more than just legal services; we offer peace of mind. With a personalized, holistic approach, we take the time to understand your unique situation and goals and craft tailored solutions that reflect your personal values and aspirations.

Guided by a client-centered philosophy, our nursing home attorneys view our relationships with clients as personal partnerships. We’re always here to talk to you about nursing facilities, help you choose the right nursing home for you, and employ the right legal strategies to secure your future care while preserving assets for your loved ones.

We don’t do “cookie-cutter” planning. We offer simple fixed pricing and virtual or in-person appointments.

The Nursing Home Planning Attorneys at The Law Office of Polly Tatum Put Families First, from Birth to Death

Planning for the time when we become older adults in need of nursing homes and comprehensive care is essential. You want the security of knowing you will have residential care when you need it and your family will be well taken care of.

When choosing a nursing home planning lawyer, knowledge, experience, and empathy matter. At The Law Office of Polly Tatum, our profound, personal commitment to understanding and addressing your specific needs and our deep empathy and connection with our clients sets us apart from other nursing home planning lawyers. We know from personal experience how vital it is to protect loved ones, secure health coverage when you need it, and experience peace of mind.

For more than 24 years, The Law Office of Polly Tatum has been putting families first with probate services, estate planning, and elder law. Our Medicaid Planning professionals are ready to provide personalized legal assistance with care, respect, and integrity. By leveraging our unique experiences with the Medicaid agency and program, we offer a level of service and insight that plans well for future health coverage, protects a healthy spouse and other family members, and preserves your legacy.

Contact us at (508) 795-1557(508) 795-1557 or complete our online form to schedule your initial strategy session. We offer simple fixed pricing, with virtual and in-person appointments available.

The Law Office of Polly Tatum: Protect What Matters Most