MassHealth Financial Eligibility Regulations do allow people, during the eligibility process, to avoid a period of ineligibility by revising or reforming some special needs trusts.
But in this case, reformation didn't work. The nursing home resident went to Probate Court in 2012 and reformed his trust. He admitted that the irrevocable trust in its original form contained countable assets that would render him ineligible for Medicaid benefits. But, he contended that MassHealth was required to consider the reformed trust, so the State regulations governing disqualifying transfers would be inapplicable. But the appeals court judges said: "We disagree."
This Video Podcasts does not provide any legal advice. The Video Podcast is limited to general information and resources for people in Hampden County, Massachusetts. You can't rely on general information in a Video Podcast to make decisions about your specific case. You should consult a professional in your local area to discuss the facts of your specific case. Small differences in law, regulations and practice can cause big differences in how each matter is handled in different States and jurisdictions.