Massachusetts Lawyers Weekly recently interviewed Atty. David J. Correira regarding the so-called “war on trusts” being waged by MassHealth (the Massachusetts Medicaid agency) against irrevocable trusts created for Medicaid/asset protection purposes. The article focuses on the disingenuous challenges and unethical arguments being made by MassHealth in its attempt to dissuade applicants from challenging a denial of Medicaid long-term care benefits because of the existence of an irrevocable trust.

From the article: “‘Not only is MassHealth ignoring basic trust law but more specifically recent SJC cases decided in the public benefits, asset protection and divorce arenas. And it is doing so by misrepresenting the law at administrative hearings and in Superior Court,’ says Boston attorney David J. Correira . . . ‘When an attorney sees the same basic trust or trust language being repeatedly challenged by the commonwealth but with little success, one can only assume the game being played is to frustrate qualified applicants who are fearful of litigation and its costs,’ Correira says. ‘It’s the kind of tactic you in unmeritorious civil litigation by unscrupulous lawyers.'”

For the full article, click here.