Law Office of Diane H. Gold


	The Law Office of	Estate Planning and Elder Law Attorney Serving Eastern Mass
	Diane H. Gold

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FAQs - Elder Law
	The following Frequently Asked Questions will address the most common questions about Elder Law. Please feel free to email or call us if you have other questions.
	Q.	What is “Elder Law”?
	Q.	What is Medicaid and how do I qualify for it?
	Q.	What is the difference between Medicare and Medicaid?
	Q.	My dad has been private paying in a nursing home and just qualified for MassHealth. The administrator told me they want to move him to a “Medicaid” bed? Can they move him?
	Q.	What is a guardianship?




	Q.	What is “Elder Law”?
	A.	Elder Law concentrates on legal issues affecting aging and disabled people. Elder law attorneys work with their clients and their clients’ families on issues such as nursing home care, home health care for seniors and incapacitated people, Medicaid applications, and estate planning for people intending to qualify for Medicaid. Elder law attorneys also assist with conservatorships or guardianships for people who are no longer able to manage their assets on a day-to-day basis and/or their own medical care.
	Q.	What is Medicaid and how do I qualify for it?
	A.	Medicaid is a joint federal – state program that pays for medical services for the poor and disabled. In order to qualify for long term care Medicaid (in Massachusetts, the program is called MassHealth), one must have no more that $2,000 in countable assets and must require skilled nursing care. One must apply for Medicaid benefits in order to receive them. For more information on MassHealth, go to www.mass.gov/dma. There is a great deal of information about MassHealth on the website.
	Q.	What is the difference between Medicare and Medicaid?
	A.	Medicare is insurance to which all people who have paid into the Medicare system are entitled at age 65. Medicare may not cover all of your medical needs, though, and that is why many people have purchased additional coverage, either through the Medicare system or via so called “medigap” insurance policies. Prior to 2006, Medicare did not cover prescription drugs, but beginning in January 2006, Medicare Part D, the Medicare prescription drug benefit, went into effect. Now, all new recipients of Medicare must also enroll in a Medicare prescription drug plan. Medicaid, on the other hand, is a needs-based program that takes care of the medical costs of people who are unable to afford medical care otherwise. One must apply in order to qualify for Medicaid. For long term care Medicaid (the kind Elder Law attorneys can help you with), your assets may not exceed $2,000 in countable assets.
	Q.	My dad has been private paying in a nursing home and just qualified for MassHealth. The administrator told me they want to move him to a “Medicaid” bed? Can they move him?
	A.	The short answer is “No.” Once a person is assigned to a bed in a nursing home for long term care, that bed is considered that person’s home, and the person cannot be moved except under very specific circumstances. Some of those circumstances include if the person is a danger to himself/herself or others or if the person needs specialized care (such as a move to an Alzheimer’s unit of the nursing home). If the nursing home is trying to move your loved one to another room or bed, consult with an elder law attorney and/or the nursing home ombudsman to correct the situation.
	Q.	What is a guardianship?
	A.	A guardianship is a court ordered arrangement whereby someone else (the guardian) takes care of an adult person’s (the ward’s) financial and medical care. Often, guardians are family members of the ward, but sometimes a potential ward has no family or the potential ward’s family members are not able to help out, and a court will appoint an independent guardian to take care of the ward’s affairs. Guardianship is public in that any records submitted to the court by the guardian become public record. These include any financial transactions by the guardian, who must submit accountings to the court, and any medical decisions that require court approval such as the approval of a “do not resuscitate” order or the administration of antipsychotic medications.

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