ELDER CARE
Many years ago, planning for the future meant retirement and estate planning. In recent years, planning for the future has taken on a new meaning. It now includes planning for long-term care. This change in society is a result of an aging population living beyond the normal retirement age as a result of advanced medical care, better nutrition, and increased exercise. In order to address the needs of this new paradigm, families need to consider the cost of long-term care and how they are going to pay for it.
Our Services
Guardianship
In addition to providing representation as probate attorneys in the Massachusetts area, we can assist families with the process of establishing guardianship. This may prove necessary if someone lacks the ability to handle their own affairs but has not designated someone to serve as their guardian. In some rare cases, a child also may need to have a guardian appointed. Guardianships can be limited or plenary, meaning that they can cover some or all matters related to the incapacitated person. S
Power of Attorney
A Power of Attorney is a legal document in which one person appoints another to do certain acts for him or her in that person’s absence. The person who creates the power of attorney is called the “principal,” and the person who is given the power of attorney is called the “agent.” The powers to be given by the principal to the agent may vary depending on the purpose of the power of attorney.
Elder Abuse
Aging people are often vulnerable to neglect or outright abuse. A common form of elder abuse is financial abuse of a senior citizen by someone whom they trust. This might be a family member, or this might be a financial professional such as an investment adviser. A breach of fiduciary duty claim might arise in this situation since investment advisers owe a high fiduciary duty to act in the interest of each client, rather than allowing their self-interest to shape their decisions. Our attorneys are ready to advocate for families whose loved ones have suffered harm in these facilities.
Is Your Home Loan in Default?
Seniors, families, and caregivers often have much to gain from working with our knowledgeable elder law attorneys. We identify options, provide advice for the situation, and work with families to develop a plan.
It is important to know that an attempt to abide by the laws and regulations could have consequences if they are not understood properly. For example, trying to protect an asset from the cost of a nursing home may have harmful results if it is not done properly. Similarly, a gift allowed for tax purposes may be penalized under MassHealth guidelines. We will work with you to first understand your goals, then provide advice on how to best achieve them
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Medicaid (MassHealth)
Medicare
Irrevocable Trusts
Veteran’s Pension / Aide and Attendance
Paying for Nursing Homes
Paying for Home Care
Assisted Living Facilities
Guardianships / Conservator
Durable Powers of Attorney
Healthcare Proxies
Living Wills / Medical Directives
Avoiding Probate