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Estate Planning Before Nursing Home Care

Ensuring You Meet the Social Security Spend-Down in Metrowest

No decision is more difficult than that of moving a parent into a nursing home. In addition to concerns about safety and quality of care, there may also be worries about paying for nursing home care. Often there is a healthy spouse who still lives in the family home and needs a monthly income.Balancing the needs of both parents can be tricky.

At the Law Office of Raymond Mastroianni, we work with couples and families as they plan for a future that may include paying for nursing home carewith Social Security and meeting the Social Security spend-down requirements.

Framingham area estate planning attorney Ray Mastroianni begins with the basics of estate planning to ensure someone can make necessary medical and financial decisions. He will then advise you on how to protect assets for one spouse while still allowing the other spouse to qualify for Social Security.

Getting Help from Social Security for Nursing Home Care

Most people who need extended nursing home care will eventually need the help of Social Security to pay the bill. In order for Social Security to pay nursing home expenses, the person/family must meet certain financial requirements. This includes maximum income levels and not having more than a certain amount of assets. Mr. Mastroianni will explain the Social Security financial qualifications and the spend-down rules in more detail during your initial consultation.

In order to protect the family home and money that a healthy spouse needs to live on, while still for Social Security nursing home coverage, you may want to create a Trust. This needs to be done several years in advance. By transferring assets into an irrevocable Trust, they are no longer controlled by the couple and cannot be accessed for anything other than what was designated by the rules of the Trust.

These assets can no longer be considered as part of the estate that Social Security can attach for payment of nursing home care.

Special Needs Trusts: Paying for Additional Services

Social Security is limited in the services it will and will not cover. A Special Needs Trust can help the family pay for services not covered by Social Security, such as buying personal care products or clothing, trips away from the nursing home, hair care and other services that make life enjoyable.

When Nursing Home Care Has Become a Financial Burden

If you did not have a plan in place before nursing home care was needed, you may be facing medical liens or overwhelming medical debt. We work with families in financial difficulty. We may be able to help you negotiate with the nursing home. If necessary, we can help you file for bankruptcy in Massachusetts.

Talk with a Metrowest Area Estate Planning Lawyer

Give your family peace of mind by getting your affairs in order today. Contact our Milford estate planning law office or call (508) 473-8801 to schedule a free initial consultation. We can travel to your home.

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Raymond M. Mastroianni
231 East Main Street, Suite 202
Milford, MA 01757

Local 508-473-8801 Cell Phone 508-400-1295 Toll Free 800-301-0000 Fax 508-473-8821


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