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Articles

Worried About Losing Your Home to the Costs of Long-Term Care?

on January 9, 2020
When faced with the need for long-term care in a nursing home, many fear losing their home to the exorbitant costs of such care.

An individual can qualify for Medicaid coverage for long-term care while owning a home in his or her own name; however, MassHealth (the State Medicaid agency) is usually entitled to receive reimbursement after the Medicaid recipient’s death.

Options exist to protect the home and other assets if proper planning is done at least five years prior to applying for MassHealth. In limited circumstances, even without advance planning, the home may be transferred to specific individuals without penalty.

The MassHealth regulations permit the nursing home resident to transfer his or her home that is used as a principal residence to the following individuals:
  • A spouse
  • A child who is under 21 years old, or who is blind or totally disabled
  • A “caretaker child” who MassHealth determines has lived in the parent’s home for at least two years immediately prior to the parent’s admission to a nursing home and because of the care provided, enabled the parent to remain at home rather than in a nursing home.
  • A sibling who has a legal interest in the home and was living there for at least one year immediately before the nursing home resident was admitted to the nursing home
An experienced elder law attorney can guide you with long-term care planning advice specific to your own situation.



© 2019. This material is intended to offer general information to clients and potential clients of the firm, which information is current to the best of our knowledge on the date indicated below. The information is general and should not be treated as specific legal advice applicable to a particular situation. Fletcher Tilton PC assumes no responsibility for any individual’s reliance on the information disseminated unless, of course, that reliance is as a result of the firm’s specific recommendation made to a client as part of our representation of the client. Please note that changes in the law occur and that information contained herein may need to be reverified from time to time to ensure it is still current. This information was last updated August 2019.
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