Law Office of John L. Roberts
An Elder Law Attorney
Certified by the National Elder Law Foundation
1200 Converse Street, Longmeadow, Massahcusetts 01106


At-Home Care Ideas and Medicaid Programs

By Attorney John L. Roberts

We can help families find ways to provide at-home elder care that will work for the elder and the rest of the family. We have information on MassHealth, Veterans Aid and Attendance, and other programs.

For the home care option to succeed, it's important that you carefully plan to meet medical and care giving needs. We can help you make sure that a family member, or other trusted person, has the legal authority and direction, as expressed in the elder's durable power of attorney and health care proxy. This surrogate decision making authority is especially important to managing a home care plan.

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At-home care requires assistance from family members who are willing to devote the time and attention. We can help you prepare a written caregiver contract that can preserve family harmony and protect eligibility for MassHealth / Medicaid. The written contract can manage everyone's expectations of the care giving needs that are met by a particular family member. This prevents arguments between a care giver child and other brothers or sisters who are not actively involved with providing the care.

A first step toward qualifying for several at home programs offered by Medicaid is the MassHealth Frail Elder Waiver:
Income Limit: $1,869/month (could be twice that for married people)
Asset Limit: $2,000 (flexible asset transfer rules)
Care Need: frail enough to need nursing home level of care for personal care needs
Eligibility Decided: By filing a MassHealth Senior Benefits Request form and evaluation by the Aging Services Access Point that serves your town.

After qualifying as a Frail Elder, you can have access to the Medicaid programs listed in the box on this page. But remember, any benefits you receive can become subject to Estate Recovery. We can explain whether Estate Recovery will be a problem in your case.

If you are planning an extended commitment to care giving, be sure to look at all the effects on your own finances, now and in the future. The National Center on Caregiving says that women who provide long-term care often suffer serious long-term financial consequences (including reduced Social Security, pension and retirement income) because of reduced time in the workforce. Additional leave taken from the workforce to care for young children, as well as the expenses of elder care, can multiply the family's financial problems.

The National Family Caregivers Association has resources for family caregivers, including the advice that you don't allow your loved one's illness or disability to always take center stage. "Remember to be good to yourself, especially since you're doing a very hard job. You deserve quality time, just for you. Watch out for signs of depression, and don't delay in getting professional help when you need it. When people offer to help, accept the offer and suggest specific things that they can do. Educate yourself about your loved one's condition. Information is empowering."