Medicaid – Taming the 800 lb. Gorilla

29 Mar

Metro®Boston, Publication Date: March 28,  2012
By Attorney George Warshaw

Second in a Medicaid series

It is a Gorilla, though not necessarily as nice. It’s filled with rules, exceptions to rules, exceptions to exceptions and a time consuming and discouraging process.

I needed to learn how one protected or lost one’s home or inheritance. I spent weeks reading the MassHealth regulations, researching Medicaid online and reading more on the subject. I found a way to organize this mess of information to make sense of it – for you and me.

There are four key rules: rules that qualify you for Medicaid; rules that disqualify or penalize you; rules that protect you from the Gorilla; and rules that drain your children’s inheritance.

And for each rule, there is always one more question: is the Medicaid applicant married or unmarried, because the rules often differ if an applicant is married.

For example, there are circumstances where an unmarried Medicaid applicant can be forced to sell his home to pay for nursing home care before qualifying for Medicaid or retaining it; but if he is married, and his wife still resides in the house, the home is usually fully protected from a Medicaid required sale.

More next week!

Warning: only a personal consultation with an Elder Care Attorney can provide proper legal advice for your situation. This article provides general information only.

George Warshaw is a real estate attorney and author. He represents buyers and sellers of homes and condos in Massachusetts, and prepares wills, trusts, and estate plans. George welcomes new clients and questions at


Legal Advice: Laws, and court decisions interpreting them, change frequently and this article is not updated as laws change. The content and information contained in this article is neither intended as legal advice nor shall establish an attorney-client relationship.


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