Elder Law & MassHealth Planning Attorney in Dracut, MA
The hardest conversations,
made simple, and planned early enough to matter.
When a parent starts needing more care
When a parent starts needing more care, families face a run of decisions that are expensive, emotional, and often made under time pressure. Who signs for Mom if she can't? What happens to the house? How does anyone pay for a nursing home?
Elder law is the practice of answering those questions, ideally years before the crisis, and when necessary in the middle of it. We have handled wills, trusts, and estates for Merrimack Valley families from our Dracut office since 1986. Elder law is where that planning work meets long-term care.
What we handle
- 01MassHealth (Medicaid) long-term care planningHow eligibility works, what counts as an asset, and how to plan around the five-year lookback.
- 02Irrevocable trustsFor families planning far enough ahead that assets can be placed outside the lookback window.
- 03Protecting the family homeIncluding the exemptions for a spouse, a disabled child, a caretaker child, and certain siblings.
- 04Community spouse protectionsWhen one spouse needs facility care and the other stays at home.
- 05Durable powers of attorney and health care proxiesSo someone you chose, not a court, can act when you can't.
- 06Crisis planningWhen a parent is already in, or about to enter, a nursing facility.
- 07Probate and estate administration afterwardAnd the sale of the house if there is one, all in the same office.
The five-year lookback, briefly
When someone applies for MassHealth coverage of nursing home care, MassHealth reviews asset transfers made in the sixty months before the application. Gifts made for less than fair market value during that window can create a penalty period: a stretch of time when MassHealth won't pay for care. That penalty starts only once the applicant is otherwise eligible, which means it lands at the moment the family can least afford it.
Well-meaning transfers trigger this all the time: putting a child on the deed, signing the house over “for a dollar,” or paying a grandchild's tuition. Before you give anything away, talk to us. We cover the details in our guide, The MassHealth Five-Year Lookback, Explained.
Planning early vs. planning in a crisis
Five or more years ahead, the options are widest. A properly drafted irrevocable trust can generally put assets outside the lookback. The tradeoff is that you give up control, and these trusts must be drafted carefully to hold up on review. Giving the house to a child outright has its own downside: it can pass along your original cost basis and leave a large capital gains bill when they sell.
If a parent is already in a facility, it is not hopeless. Exempt transfers, spousal protections, and other strategies may still be available. But the options narrow week by week, so call before the application, not after the denial letter.
Why families choose us
- 01One office for the whole arcWe do the planning documents, the MassHealth conversation, the probate afterward, and the sale of the house.
- 02Plain talkYou'll get a clear explanation of your options and their tradeoffs, without jargon.
- 03LocalOur office is at 490 Textile Avenue in Dracut, with parking at the door. When travel is difficult, we can often meet closer to you.
Related
Worried about how a parent’s care will be paid for?
Schedule a free consultation or call 978-957-6997.
Schedule a free consultationQuestions we get asked
What is the MassHealth five-year lookback?
MassHealth reviews asset transfers made in the 60 months before a long-term care application. Transfers for less than fair market value can create a penalty period.
Can I give my house to my children to qualify for MassHealth?
A transfer within the lookback can trigger a penalty, and an outright gift can also create capital gains for your children later. Certain exempt transfers exist. Talk to us before giving anything away.
Is it too late if my parent is already in a nursing home?
Often not. Exempt transfers and spousal protections may still apply, but options narrow quickly, so call early.
Does the spouse at home lose everything?
No. The community spouse can generally keep the home, one vehicle, a share of countable assets, and a minimum monthly income allowance.
This is general information about Massachusetts law, not legal advice. MassHealth rules and figures change; your situation needs individual review. Reading this page does not create an attorney–client relationship.
When you're ready,
we'll take it from here.
Free initial consultations. We'll listen first, then lay out a plan in plain language.