The M&B Weekly

October 15, 2012
Jane Dobisz
In this issue...
Geriatric Care Managers of New England 2012 Conference
Maguire Decision Threatens Caretaker Child Exception
MassHealth Update 2012
Three Elder Law Leaders Named Top Women of Law
What's the Difference Between "Supplemental" and "Special" Needs Trusts?

Quick Links

Embracing Change: Nourishing Mind, Body, and Practice

change The theme of this year's Geriatric Care Managers of New England 2012 Conference is "GCM's Embracing Change: Nourishing Mind, Body and Practice."  Take a day to learn about cutting edge issues, meet with exhibitors offering innovative products and spend time with colleagues who always have something to offer. 

Margolis and Bloom, LLP, is one of the sponsors, and Jeffrey A. Bloom will cover the topic of family caregiving and integrational living arrangements.  He will discuss what should take place beforehand and how to avoid common pitfalls that can make a situation go from bad to worse.

This program is scheduled on Sunday, November 4th and Monday, November 5th at the Best Western Royal Plaza in Marlborough, from 7:30 a.m. to 5:15 p.m.

Click here to read the full program.

Click here to register. 

Maguire Decision Threatens Caretaker Child Exception



In Maguire v. Director of the Office of Medicaid, the Court of   Appeals sides with MassHealth in denying the so-called "caretaker" child exception to the transfer of a $140,000 one-bedroom condominium from Mrs. Maguire to her daughter, Karen.


In upholding the denial, the Court of Appeals appears to raise the bar for qualifying for the exception to require that applicants and their families prove that they could not have received care anywhere but in a nursing home, the Court opining that Mrs. Maguire might have been cared for in an assisted living facility during the two years prior to her move to a nursing home.  The Court appears to be oblivious to developments in the field of long-term care over the two decades since Congress enacted the caretaker child exception, since the alternative of assisted living hardly existed back then.


Congress wanted to encourage and reward families for caring for their elders, not to apply this provision in an overly restrictive manner as the Court did in this decision.


 Click here to learn more about the caretaker child exception and the Maguire decision.

MassHealth Update 2012-Foxmoor's Annual One-Day Seminar 


MassHealth There are a lot of challenges and exceptions with MassHealth, the traditional "safety net," and it now requires to compile enormous amounts of documentation as well as justifications for even the simplest of transactions.  Join this one day program to learn about the traditional planning techniques in MassHealth, and what still works, and which are being seriously challenged.  


Harry S. Margolis and Patricia C. D'Agostino from Margolis & Bloom, LLP, will speak on their approaches that elder law attorneys, estate planners, and others can use to help their clients protect savings in an increasingly hostile environment.  

The program is scheduled on Friday, October 26th, at the Hilton Garden Inn in Waltham, from 8:45 a.m. to 4:45 p.m. 

Click here to find out more about the program and to register online.

Call 888.263.5879 to speak to a customer service representative for any questions. 


Three Elder Law Leaders Named Top Women of Law      
Susan Levin, Emily Starr & Deborah Thomson

Massachusetts Lawyers Weekly has shown terrific judgment in naming three long-time leaders of the elder law bar in Massachusetts as 2012 Top Women of Law for making a difference in the legal community.

Susan H. Levin has been the public policy committee chair of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (NAELA) for as long as we can remember.  She keeps us all current on legal developments in the field and respectfully and persistently works to make MassHealth follow the law.  She practices with Rosenberg, Freedman & Goldstein in Newton.

Emily S. Starr pioneered the field of elder law in Massachusetts more than 25 years ago teaching us all through her leadership of MCLE's annual elder law program and within the Massachusetts NAELA Chapter. She practices with Starr Vander Linden with offices in Worcester and Fitchburg.

As the NAELA Chapter's lobbyist, Deborah H. Thomson, has been instrumental in many important legislative battles for seniors, including her latest success in bringing rationality to estate recovery exception for owners of qualifying long-term care insurance. She leads the PASS Group in Boston.
(617) 267-9700



        M&B GREEN NEWS 

                Compliments of Magdalena Lorenzo



Rachel Carson
September 27th recently marked the 50th anniversary for Silent Spring, a book by Rachel Carson, which many believe sparked the change in environmentalism.  Carson's book helped to ban DDT, a toxic insecticide, and was the push to launch the Environmental Protection Agency (EPA).