Tag Archives: countable and noncountable assets

What Is an Inaccessible Asset When Applying for MassHealth?

by: Brian E. Barreira, Esq.

An inaccessible asset is an asset to which the MassHealth applicant has no legal access.  This type of asset is considered to be non-countable until the applicant has legal access to the asset.

If for example, there are pending legal proceedings that affect the asset, such as divorce or probate, it can be deemed inaccessible.

If the applicant is not legally competent, an asset can be considered inaccessible for 6 months so that a Conservator can be appointed via a Probate Court proceeding.  The temporary inaccessibity is contingent on showing MassHealth that a good faith effort is being made to secure the appointment of a Conservator.

If the MassHealth applicant is the beneficiary of a trust and the appointment of a trustee is needed, the assets in the trust can be deemed inaccessible for 6 months while undergoing the process of appointing a trustee.  The showing of a good faith attempt is needed to allow the trust to be considered temporarily inaccessible.