Casner & Edwards

Don J.J. Cordell

  • Co-Author of amicus brief filed on behalf of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (“NAELA”) in Heyn (Roche) vs. Thorn (Office of Medicaid), which led to the Massachusetts Appeals Court’s decision that validates the use of Irrevocable Income Only Trusts (IIOTs) in long-term-care planning.  The Court held that assets held by a properly drafted IIOT are not countable for Medicaid long-term-care coverage.  The decision struck down a number of legal arguments on which MassHealth (the Office of Medicaid) and assorted fair hearing officers have been relying since the outcome in Doherty v. Office of Medicaid to count IIOT assets and disqualify elders from coverage.  It is a significant and beneficial outcome for the elder law community and for elders in the Commonwealth, especially in helping to clarify the applicable trust rules for qualifying for Medicaid coverage for long-term-care (nursing home care).