Patrick G. Curley's Legal Cases (3)

Elder law

Protected IRAs at Middlesex Probate & Family Court

Jul 02, 2020

OUTCOME: Court ruled in client's favor

In a long-term marriage, one spouse required long-term care in a nursing home. He owned IRAs valued at approximately $190,000, which his wife relied upon for her future. MassHealth was going to count ... his IRAs so we filed a Petition for Separate Support to request that the Court issue a Judgment requiring the transfer of ownership of IRAs to his wife -- without triggering a taxable distribution. No divorce is required under this strategy.

Medicaid and medicare

Won MassHealth Fair Hearing Appeal to help spouse at home

May 18, 2016

OUTCOME: Hearing Officer ruled in our client's favor. She was now able to draw on her husband's monthly income to keep her home and pay her home equity loan.

MassHealth approved a husband's application for benefits in a nursing home but refused to grant his wife access to his income to help her the Home Equity loan on their house. We appealed and conducted ... a vigorous Fair Hearing appeal that lasted nearly two hours, including lengthy cross-examination of the MassHealth caseworker. MassHealth's position risked my clients losing their home because MassHealth was requiring that virtually all of the Applicant spouse's monthly income be paid to the nursing facility, without regard for the fact that the spouse's income was insufficient to pay the home equity loan.

Elder law

Medicaid application success

Sep 01, 2011

OUTCOME: No Medicaid denial issued for past asset transfers.

Medicaid (MassHealth) applicant had made roughly $20,000 in asset transfers in the prior five years. We argued that asset transfers were for a purpose other than qualifying for Medicaid. Medicaid app ... roved benefits commencing on requested date.

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