Legal Question in Elder Law in Massachusetts

selling home moving to assisted living

My mother in-law has to move to an assisted living facillity in Mass. due to being handicapped from strokes. This facillity is private pay and the proceeds from her home will pay the $4000.00 per month fee. She has been on community MASS HEALTH sinced 2001 and has no assets besides her home. Can Mass Health take the proceeds from the home sale? Once her money runs out can she get back on mass health? Thank you very much. Jim


Asked on 3/24/07, 8:11 am

1 Answer from Attorneys
Alexandra Golden Golden Law Center

Re: selling home moving to assisted living

Jim -- Community MassHealth and the MassHealth program for nursing homes have very different rules. Yes, there is estate recovery for community MassHealth; however, if there is no lien actually recorded against the house, then the agency cannot ask for reimbursement of previous expenditures.

Depending on various factors, there may be some interesting planning options your MIL may wish to consider to preserve a larger portion of her estate. I have been practicing elder law since 1998, and would be pleased to discuss them with her.

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Answered on 3/24/07, 9:11 am


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