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Medicaid Protecting Your Assets, Preserving Your Legacy, and Providing Peace of Mind

Medicaid (MassHealth) Planning and Application Lawyer in Needham, MA

Paying for Care Without Giving Up Everything You Built

Most families meet MassHealth at the worst possible moment: after a fall, a hospital discharge, or a diagnosis that changes what a parent or spouse can safely do at home. Then comes the number. MassHealth's own 2026 figures put the average cost of a nursing facility in Massachusetts at about $450 a day, which is more than $13,000 a month.

MassHealth, the Massachusetts version of Medicaid, can pay for that care once you qualify. Qualifying is where families get stuck. There is a strict asset limit, a five-year review of past gifts and transfers, and a separate set of rules for married couples. A well-meant move made without a plan can cost months of coverage.

Lannik Law was built around helping families through exactly this kind of moment. Certified Elder Law Attorney (CELA) Susana Lannik has focused on elder law and estate planning since 1991, working with families in Needham, Wellesley, Newton, and across Greater Boston and Cape Cod. We look at the whole picture, including your home, your spouse, your children, and your estate plan, before recommending a single step.

Whether you are planning years ahead, helping a parent from out of state, or already dealing with a nursing home admission, the first step is the same: a conversation about where you stand and what is still possible.

Call (617) 431-2669 or contact us online to schedule a confidential consultation. In-person meetings at our Needham office and virtual consultations are available.

  • Certified Elder Law Attorney (CELA)
  • Serving Massachusetts families since 1991
  • Offices in Needham and Mashpee
  • Virtual consultations available

MassHealth, Medicaid, and Medicare: Sorting Out the Names

The names cause a lot of confusion, so here is the short version. Medicaid is the joint federal and state program that provides health coverage to people who meet its requirements. In Massachusetts, Medicaid is called MassHealth. For older adults, MassHealth is the program that can pay for nursing facility care and for some services that help a person stay at home. Which benefits you can receive depends on the specific program, your medical needs, your income, and your assets.

Medicare Does Not Cover Long-Term Care, and That Surprises Most Families

Many families assume Medicare will pay for a long nursing home stay. In most cases it will not. Medicare may cover a limited period of skilled nursing or rehab after a qualifying hospital stay, but it generally does not pay for custodial care, which is the day-to-day help with bathing, dressing, eating, and getting around that most long-term residents need. MassHealth is the program that can step in for that kind of care if you meet its medical and financial requirements. Our guide to Medicare vs. Medicaid walks through the differences in more detail.

What MassHealth May Cover

Depending on your situation, MassHealth may help with three things:

  • A nursing facility stay. If you meet the medical and financial rules, MassHealth may pay the facility for your care.
  • Care at home. Certain waiver programs may help eligible people get services at home or in the community instead of in a facility. See our page on in-home care.
  • Protection for a spouse at home. Special rules may let the spouse who stays in the community keep certain assets and, in some situations, part of the other spouse's income.

Lannik Law can help you work out which of these may apply to you, and how long-term care planning fits with the rest of your estate planning.

How We Handle MassHealth for Your Family

Planning Before, During, and After an Admission

Some families come to us with years to plan. Others call from a hospital hallway. The legal tools overlap, but the strategy is very different, so we start by finding out which situation you are in.

At Lannik Law, that usually means we handle the following:

  • A clear picture of where you stand: We review your income, assets, household, and recent financial history so you know what MassHealth would see if you applied today.
  • Protecting what can be protected: We explore permissible options for your home, savings, and other assets, including trusts, and weigh them against MassHealth's eligibility and estate recovery rules. See our page on asset protection.
  • Fast action after an admission: When a loved one is already in a nursing facility or about to be, we look for options that still make sense at that stage.
  • Planning for the spouse at home: We help married couples understand which assets and income may be protected for the spouse who is not in care.
  • The application itself: We prepare the MassHealth application and gather the supporting records it requires.
  • Follow-up with MassHealth: We help respond to verification requests so a missing document does not stall a case.
  • Denials and appeals: If an application is denied, we review the notice, explain your options, and represent clients at fair hearings when appropriate.
  • Documents that fit the plan: We review powers of attorney, trusts, wills, and advance directives so they work with your long-term care strategy.

There is no template here. The right approach depends on your family, your assets, and the rules that apply, and we explain the tradeoffs before you decide anything.

What Working With Us Looks Like

  1. We listen first. Your first meeting is about your family, your care needs, and what worries you most.
  2. We review the numbers. That means assets, income, how property is owned, and past transfers.
  3. We lay out your options. You get a plain-language explanation of what could work, what the risks are, and what we recommend and why.
  4. We put the plan in place. When appropriate, we prepare or coordinate the documents the plan requires.
  5. We file and follow up. We submit the application and answer MassHealth's questions as they come.
  6. We stay available. If something is delayed or denied, you do not have to start over with someone new.

To discuss your circumstances with a Needham elder law attorney, call (617) 431-2669.

When Families Usually Call Us

  • A fall, a hospital stay, or a new diagnosis has changed what care someone needs
  • The family has started touring assisted living, memory care, or nursing facilities
  • Care is being paid for out of savings and the balance is dropping
  • You helped your children financially in the last five years and are not sure how MassHealth would view it
  • You own a home in Needham and want to understand how MassHealth treats it
  • Your estate plan was written before long-term care was a concern

Mid-page CTA (optional module): Not sure where you stand? A short conversation can tell you whether planning, an application, or both make sense. Call (617) 431-2669 or request a consultation.

What MassHealth Looks At Before It Pays

Two Tests: Medical Need and Money

MassHealth long-term care has two separate tests, and you have to pass both. The first is medical: does the person need the level of care a nursing facility provides? The second is financial: do your income, countable assets, and past transfers fit within the rules for the program you are applying to?

Marital status, how property is owned, and the type of coverage you apply for all change the math. Two people with the same savings can get different answers.

The same asset can be treated differently depending on the situation, so check before you gift property, move money, or change how something is titled. A short conversation with an elder law attorney can prevent a costly mistake.

The 2026 Numbers That Matter Most

These are the headline figures for long-term care eligibility in Massachusetts in 2026.

Financial rule2026 figure
Individual countable asset limit$2,000
Look-back period for applicable transfers60 months
Community spouse resource allowance$32,532 minimum to $162,660 maximum
Nursing facility personal needs allowance$72.80 per month
Maximum home equity limit$1,130,000

Figures come from MassHealth's published financial guidelines. Exceptions apply and the numbers change, so confirm the current amounts before relying on them.

The Five-Year Look-Back, Explained

When you apply, MassHealth asks about the previous 60 months. If you gave away money or property, or sold something for less than it was worth, during that window, MassHealth may impose a penalty period in which it will not pay for nursing facility care.

Picture a parent who hands savings to the children a couple of years before needing care. The gift may have been generous and well meant, but the penalty period can still leave the family paying out of pocket.

Not every transfer is penalized. Some transfers to a spouse or to a qualifying disabled child may be allowed under the rules.

Before you move money, retitle an account, or transfer a home, find out how MassHealth would view it. An attorney can review the facts and walk you through alternatives.

What Counts and What May Not

Here is a general guide. How a particular asset is treated depends on the details.

Assets that may be countableAssets that may be exempt or subject to special rules
Bank accounts and cashA qualifying primary residence, subject to applicable home equity and other requirements
Stocks, bonds, and mutual fundsCertain personal belongings and household goods
Certain retirement assetsOne vehicle in qualifying circumstances
Additional real estate, including second homes or investment propertyCertain prepaid irrevocable funeral arrangements
Certain life insurance cash valuesAssets protected under applicable spousal rules

This is a general overview, not an eligibility determination. Ownership, account terms, and the type of coverage you seek can all change the answer.

Mistakes That Are Easy to Make

Most of these happen with good intentions:

  • Giving money or property to children before checking the look-back
  • Spending down on the wrong things
  • Retitling a home or account without understanding the consequences
  • Sending in an application with missing records
  • Overlooking a MassHealth request for information or a deadline
  • Waiting for a crisis when earlier planning would have left more options

Already in a crisis? Options may still exist. What is possible depends on the facts and the law, so it is worth asking early.

Planning Close to Home: Needham and Norfolk County

In a town like Needham, the family home is often the biggest piece of the plan, and adult children frequently live far away. Both facts shape how a MassHealth strategy should be built.

Lannik Law builds each plan around those realities, including the house, the spouse, and the next generation.

The Needham Home Question

For many Needham homeowners, the house is the single biggest asset, so how MassHealth treats it matters a great deal.

A primary residence may be exempt from the asset count under certain circumstances, but there is a home equity limit and other conditions. Who owns the home, whether a spouse or certain relatives live there, and estate recovery all enter the analysis.

Putting a house in a trust or into someone else's name does not automatically protect it. Depending on how it is done, it can create an eligibility problem or an estate recovery problem.

Lannik Law can review how your home is owned, what your estate plan says, and what you are trying to protect. Learn more about asset protection and trusts.

Needham Resources Worth Knowing About

Legal planning works best alongside community support. These local organizations may help:

  • Needham Council on Aging at The Center at the Heights: 300 Hillside Avenue. Offers programs and services for older adults, including outreach and transportation help. Call the Center at 781-455-7555 to ask what is currently available.
  • Needham Community Council: Community assistance, support, and referrals for Needham residents.
  • Norfolk County Probate and Family Court: Handles certain probate, guardianship, conservatorship, and family matters. Which court or registry applies depends on the issue.

These groups offer community support. An elder law attorney helps with the legal and financial side of MassHealth.

Visit Us in Needham or Meet Online

Our Needham office is at 163 Highland Avenue, close to Needham Center, Needham Heights, and the Needham Line commuter rail stations.

Prefer not to travel? Virtual consultations let out-of-town family members join the conversation too.

We work with families in Needham, Wellesley, Newton, Dedham, Westwood, Dover, Natick, Wayland, Weston, Brookline, West Roxbury, Medfield, Walpole, and nearby towns. Families on Cape Cod can meet with us at our Mashpee office.

Worried about paying for care? Call (617) 431-2669 and tell us what is going on.

Why Choose Lannik Law for MassHealth Planning?

Medicaid planning sits where elder law, family finances, and estate planning meet. Here is what you can expect from us.

Certified Elder Law Attorney

Attorney Susana Lannik is a Certified Elder Law Attorney (CELA), a credential that reflects a focus on elder law. Meet our team.

Experience Serving Massachusetts Families Since 1991

We have been helping families since 1991, including those who planned ahead and those who had to react to a sudden change.

Planning Built Around Your Circumstances

Your goals, finances, family, and care needs drive the plan, not a one-size-fits-all strategy.

Clear Explanations of Your Options

We explain the rules and the tradeoffs in plain language so you can decide with confidence.

Coordinated Elder Law and Estate Planning

A MassHealth plan often touches trusts, powers of attorney, and advance directives. We make sure those documents work together. Learn more about our estate planning services.

Convenient Consultation Options

Offices in Needham and Mashpee, plus virtual meetings, make it easier for the whole family to take part.

Module note: Insert the existing client reviews module here, followed by the existing CELA and NAELA credential badges.

What to Bring to Your Consultation

If you can, bring the following to your first meeting:

  • Recent statements for bank, investment, and retirement accounts
  • Deeds and recent mortgage or property tax information
  • Income information, including Social Security, pensions, and annuities
  • Existing trusts, wills, powers of attorney, and health care proxies
  • A list of gifts or large transfers made in the past five years
  • Insurance cards, including Medicare and any long-term care policy

Missing some of these? Call (617) 431-2669 anyway. We can help you work out what is needed.

Start Planning Before a Crisis

If a parent is declining, a spouse may soon need nursing facility care, or your family is worried about what care will cost, you do not have to sort out MassHealth alone.

Planning early usually leaves more options, but it is not too late to ask for help after a need for care arises. Knowing where you stand makes the next decision easier.

Contact Lannik Law to schedule a confidential consultation with a Needham Medicaid planning lawyer.

Call (617) 431-2669 or visit our contact page to get started.

Not ready to schedule a consultation? Visit our events page to learn about our free educational webinar on MassHealth planning.

Related Pages

Keep Learning About Long-Term Care and Estate Planning

Questions? Call (617) 431-2669 or contact us online.

Frequently Asked Questions About Medicaid (MassHealth) in Needham

What is the difference between Medicaid and MassHealth?

They are the same program with different names. Medicaid is the federal and state health coverage program, and Massachusetts calls its version MassHealth. When families ask about Medicaid for long-term care here, the rules that apply are MassHealth's. Learn more about Medicare vs. Medicaid.

Does Medicare pay for nursing home care in Massachusetts?

Usually not for the long term. Medicare may cover a limited stretch of skilled nursing or rehab after a qualifying hospital stay, but it generally does not pay for ongoing custodial care. MassHealth may help with that if you meet its requirements. See our guide to long-term care planning.

How much money can I have and still qualify for MassHealth long-term care?

In 2026, an individual generally can keep no more than $2,000 in countable assets to qualify. Married couples are treated differently, with a protected share of resources for the spouse who stays home, and some assets may not count at all. An eligibility review with Lannik Law can show how the rules apply to you. Call (617) 431-2669 to get started.

What is the MassHealth five-year look-back period?

MassHealth looks back 60 months from your application date at gifts and other transfers made for less than fair market value. A transfer in that window can trigger a penalty period during which MassHealth will not pay for nursing facility care. Some transfers are permitted, so talk with an elder law attorney before moving assets.

Can I keep my home and still qualify for MassHealth?

Often, but not automatically. A primary residence may be exempt, subject to a home equity limit and other conditions, including who owns it and who lives there. Estate recovery can matter too, so have your situation reviewed before changing ownership. Learn more about asset protection.

Can I give my house or savings to my children to qualify for Medicaid?

That is one of the riskiest moves a family can make without a plan. Gifts and below-market transfers during the look-back period may trigger a penalty, although certain transfers are allowed. Trusts and other tools have strict requirements of their own. An attorney at Lannik Law can explain your options before you act.

What happens to my spouse if I need nursing home care?

MassHealth has rules meant to keep the spouse at home from being left without resources. Depending on the facts, that spouse may keep a portion of the couple's assets and may qualify for an allocation of income. Lannik Law can walk you through how these protections may apply to your family.

Will MassHealth take my home after I die?

Possibly, which is why planning matters. Massachusetts has an estate recovery program that can seek repayment from certain members' estates for covered care. It has exceptions and limits, and the outcome depends on ownership and the facts. Estate planning should address it rather than assume a home is protected.

Does MassHealth pay for in-home care?

It can. MassHealth may cover certain home and community-based services for eligible people, including through programs like the Frail Elder Waiver. Each program has its own medical and financial requirements. Learn more about in-home care.

What if MassHealth denies my application?

A denial is not always the end. Notices usually explain the decision and how to appeal, and deadlines can be short. An elder law attorney can review the notice and help with an appeal or fair hearing. Call Lannik Law at (617) 431-2669 promptly.

Can I apply for MassHealth on my own, or should I hire a Needham Medicaid lawyer?

You can. But the application asks for extensive records and details about past transfers, and mistakes can delay or sink a case. An elder law attorney can spot problems before you file and help with the paperwork. To talk it over, call (617) 431-2669 or contact us online.

Disclaimer (below the FAQs): This page provides general information and is not legal advice. MassHealth eligibility requirements and financial figures can change, and the rules may apply differently depending on individual circumstances. Contact Lannik Law to discuss your situation.

What Clients Are Saying

Hear how families describe their experience working with our firm.

    "Impressed"
    I found attorney Lannik professional, courteous, and gave honest feedback without passing judgement on the other attorney. She was very gracious, listened attentively, and offered her perspective.
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    She was very helpful in putting my funds in the correct places to protect my assets.
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