Entries by JBatsevitsky

TRUST/POWER TO APPOINT TO CHARITY (FAVORABLE)

Board of Hearings Appeal # 1812309 (September 25, 2018). MassHealth denied the Appellant’s application for MassHealth long-term care benefits due to assets held in irrevocable trust that were deemed countable. At hearing, MassHealth argued that the Appellant reserved the right to appoint any or all of the trust property to any charitable organization, and therefore […]

TRUST (FAVORABLE)

Board of Hearings Appeal # 1806192 (August 1, 2018). In 2017, MassHealth denied the Appellant’s application for long-term care benefits due to excess assets held in irrevocable trust, which MassHealth determined were countable. The Appellant had transferred her home into the irrevocable trust in 2012. In 2014 the home was sold, and the proceeds were […]

TRUST (FAVORABLE)

Board of Hearings Appeal # 1800964 (April 27, 2018). The Appellant’s application for MassHealth long term benefits was denied on the ground that assets held in an irrevocable trust were countable and excessive. MassHealth argued that trust assets could be used to pay debts which fall into the Appellant’s probate estate, trust assets could be […]

GGNSC Chestnut Hill LLC d/b/a Golden Living Center – Heathwood; GGNSC Administrative Services LLC; Golden Gate National Senior Care, LLC; GGNSC Holdings LLC v. Schrader, USDC, Civil Action No. 16-10525-DPW (2018)

The United States District Court for the District of Massachusetts found that Ms. Schrader, the Personal Representative of her mother’s estate, must arbitrate her claim for wrongful death against a nursing home. Ms. Schrader signed an Arbitration Agreement after her mother was admitted to a nursing home in 2013. The Arbitration Agreement contained a provision […]

Guardianship of D.C., SJC-12390 (2018)

The Supreme Judicial Court of Massachusetts (SJC) concluded that a Probate and Family Court judge may not order a person to be admitted to a nursing facility against his or her will unless the judge: (1) appoints a guardian after finding that the person is incapacitated as defined by G.L. c. 190B, section 5-101(9); and […]

The Estate of Carmel T. Burrell v. Marylou Sudders, Administrator of Secretary, Executive Office of Health and Human Services, Essex Superior Court, Docket # 1677CV01215 (2018)

In 2014, MassHealth denied Ms. Burrell’s application for long-term care benefits on the grounds that a transfer of her home to her son, and a subsequent transfer of home sale proceeds to a special needs trust for her grandson, constituted a disqualifying transfer of assets. The son had paid part of the purchase price in […]

IRREVOCABLE TRUST (FAVORABLE)

Board of Hearings Appeal # 1408634 (March 5, 2018). In 2014, MassHealth denied Mr. Nadeau’s application for long-term care benefits, determining that assets held in trust were countable and exceeded eligibility limits. Mr. Nadeau’s appeal to the Board of Hearings was denied. After his M.G.L c. 30A civil complaint in Superior Court was denied, Mr. […]

VERIFICATIONS REGARDING FINANCES (FAVORABLE)

Board of Hearings Appeal # 1709521 (December 12, 2017). MassHealth denied Appellant’s application for benefits on the basis that he failed to provide verifications regarding his spouse’s finances. Upon his admission to a nursing home, Appellant’s spouse left him, filed for divorce, and refused to provide any verifications. Appellant’s counsel provided MassHealth with verifications from […]