Articles on elder law, estate planning, MassHealth planning, guardianship, and special needs planning from Golden Law Center.
A critical part of the estate planning process involves the client's selection of an appropriate person to look out for the client when it's time for end-of-life decision-making, so that this person can be named in the…
Continue Reading →Today's guest blogger is employment lawyer Michael Mason. Attorney Mason practices at Bennett and Belfort in Cambridge, Massachusetts; and has litigated and mediated numerous employment law cases representing both…
Continue Reading →Yes, it's August. But soon enough your thoughts may turn to packing up the car and heading south to enjoy a warmer winter. If you are heading to Florida, don't just assume that you can escape Massachusetts taxes just…
Continue Reading →Right now, the answer is "no." If you qualify for MassHealth and need a personal care attendant (PCA), you can use MassHealth money to pay anyone to care for you except your spouse. Under current law, you can pay your…
Continue Reading →One of the questions I get (unfortunately) goes something like this: "my sister has persuaded Mom to put her on the bank account and now I can't get any information about what's happening with Mom's money. Sis is…
Continue Reading →I get called on a not-infrequent basis about what I like to call the "five minutes after midnight" planning crisis. The caller is usually a child of an elder who has already been admitted to a nursing home, whose first…
Continue Reading →Congratulations! It's graduation season!
Continue Reading →Unfortunately, failing to tell loved ones and physicians what type of care you would want if you suffer from an illness which will eventually lead to your death is all too common an experience. It is important that…
Continue Reading →The headline seems obvious, right? But unfortunately, failing to tell your loved ones what type of care you would want if you suffer from an illness which will eventually lead to your death is all too common. The Boston…
Continue Reading →As an elder law attorney, I regularly suggest to my clients that they investigate purchasing long-term care insurance as a hedge against the cost of costs associated with aging, especially if they have any interest in…
Continue Reading →Here's a very disturbing article concerning the death of an elder who resided in an independent living facility in California. Despite the rather obvious risk that elderly people living in their facility may have…
Continue Reading →My last post discussed one form of betting on your death – "stranger oriented life insurance" ("STOLI") –a practice which is illegal in Massachusetts. However, another variation of betting on your death – life…
Continue Reading →Imagine that you are an elderly retiree who has recently been hit with a sizable amount of debt. One day you receive a phone call from an insurance agent who proposes the following deal:
Continue Reading →There was an excellent article in the May 2012 edition of Kiplinger's Retirement Report (subscription required) on a little –known scam which is run by some less-than-scrupulous insurance agents on frail elderly…
Continue Reading →Imagine this scenario:
Continue Reading →In a unanimous decision today, the Supreme Court made it clear that in deciding whether a child born well after a parent's death as a result of artificial insemination or surrogacy, the law governing what happens to you…
Continue Reading →When Rosa Parks died in 2005, she left no children, but she did have a will, a revocable trust, and a priceless collection of memorabilia. First, a lawsuit was brought in 2007 challenging the will on the grounds of lack…
Continue Reading →I have a new article in the Spring 2012 edition of the Massachusetts Guardianship Association's newsletter on the topic of the reproductive rights of persons under guardianship. I covered this topic earlier this year in…
Continue Reading →It's Mother's Day – what did you give her? How about peace of mind?
Continue Reading →From the Boston Globe:
Continue Reading →I regularly counsel my clients to be careful about who they name as fiduciaries — personal representatives, trustees, attorneys-in-fact and health care agents. Many reflexively name a spouse. Some of my clients want to…
Continue Reading →This morning's Boston.com (registration required) has an important, and deeply troubling, article concerning the rampant overuse of anti-psychotic medication by Massachusetts nursing homes to manage the behaviors of…
Continue Reading →Greetings and welcome to the new Massachusetts Elder Law Blog! Now that I've moved over from Blogger, I'm pleased to (virtually) see you here.
Continue Reading →From today's edition of the American Bar Association's e-journal:
Continue Reading →In a prior entry, I discussed how Massachusetts probate courts are supposed to make decisions on behalf of incapacitated persons when a guardian asks the court for authorization to obtain an abortion or sterilization…
Continue Reading →This talk will be aimed towards the "Sandwich Generation." Carol is a geriatric care manager who has worked with me on a number of cases over the years.
Continue Reading →My last posting concerned the background of how Massachusetts law deals with medical decision-making for incapacitated persons who need potentially invasive treatment that can have profound and permanent consequences. I…
Continue Reading →There was a terrific article in yesterday's Boston Globe (warning – pay wall unless you're a Boston Globe subscriber) concerning to what extent the wishes of legally incapacitated persons concerning extraordinary…
Continue Reading →I'll be speaking on "Planning for the Cost of Long-Term Care" this coming Thursday, January 19 at 2:30 PM at Avery Crossing, an assisted living facility located at 110 West Street (cross street is Highland Avenue) in…
Continue Reading →If you think your property is worth significantly less than your city or town's property tax assessor does, consider filing for an abatement. You can pick up an application at the assessor's office. You will need to…
Continue Reading →Here's a link to an excellent article in today's New York Times. I cannot urge you strongly enough to consult a financial planner if you're in the unfortunate position of being laid off just as retirement is around the…
Continue Reading →Happy New Year! May you and your family enjoy health, happiness, and comfort.
Continue Reading →One of the biggest headaches I see is going into a client's home and seeing numerous half-empty (or even barely touched) bottles of unused and unneeded prescription medication. You probably have some of these in your…
Continue Reading →Well, you can't take them with you…. why not make sure that your frequent flyer miles and credit card perks benefit someone who can use them? Forbes Magazine has a nifty article about how to transfer those miles —…
Continue Reading →For the first time in three years, there will be a cost-of-living increase in checks issued by the Social Security Administration. It is expected that the agency will announce a 3.5% raise in payments to seniors.
Continue Reading →The July issue of Consumer Reports had an interesting article (available on-line) on DIY will-drafting software, specifically, Quicken WillMaker, LegalZoom and Rocket Lawyer. The researchers created three different…
Continue Reading →Bernie Krooks is one of the smartest and most far-sighted elder law attorneys out there. When he says that Medicare is on the chopping block, I believe it. Delayed eligibility, increased premiums, means-testing — it's…
Continue Reading →According to a study from the AARP, Massachusetts ranks 40th out of all the states in funds expended to support low-income frail elders in their own homes instead of being placed in nursing homes. According to today's…
Continue Reading →I'd love to hear about items and ideas you'd like to see posted on this blog. Please respond to this post or send an e-mail to me at sgolden@goldenlawcenter.com
Continue Reading →NYC Mayor Bloomberg ordered evacuation of all hospitals and nursing homes in low-lying areas as of 8AM yesterday due to the oncoming hurricane. It's a good opportunity to consider whether you've asked the director of…
Continue Reading →Medicare has announced that its annual Open Enrollment Period will begin October 15, and run through December 7. This is the time to review your Medicare health and drug benefits and make any changes which may be needed.
Continue Reading →Fiscal prudence is all well and good for elders — but how do you deal with a parent who simply will not spend money on themselves, even where an objective observer would see that funds are available and the expenditure…
Continue Reading →More people than not die without having ever making a will. The reasons vary — a belief that estate planning costs too much, that somehow their assets will be divided "fairly," that they don't own enough to need an…
Continue Reading →According to a study issued by Genworth Financial, nursing homes in the US have increased their costs by an average of 3.4%. This study was based on a survey of over 15,000 providers taken in the first three months of…
Continue Reading →Let's say that your mother has been in a nursing home for the past three years which is paid for with MassHealth benefits. She may be demented, but she is familiar with the staff and has a comfortable routine which…
Continue Reading →It's Memorial Day weekend — a time to remember the needs of our vets and their families.
Continue Reading →Those of you who were reading my blog a year ago…. go have a cup of tea.
Continue Reading →According to an article in today's New York Times, an audit by the Department of Health and Human Services found that "more than half of the antipsychotics paid for by the federal Medicare program in the first half of…
Continue Reading →I am excited to be testifying before the Massachusetts Legislature's Joint Committee on Elder Affairs this coming Wednesday, May 11, concerning House Bill H01097. This bill, if enacted into law, would codify the rights…
Continue Reading →There's been a good discussion on the National Academy of Elder Law Attorneys list serve in response to a USA Today article on shredding documents. The thesis of this article, like so many others, is that shredding…
Continue Reading →Here's an interesting story — a survey by a unit of Bank of America of 457 baby boomers (born between 1945 and 1964) with at least $3 million just aren't very interested in leaving an estate for their children. Only 49%…
Continue Reading →A follow-up to my post of March 9, in which I discussed a law suit brought by AARP against the Department of Housing and Urban Development concerning the agency's policies about reverse mortgages. As I noted, HUD had…
Continue Reading →Child turning 18? Be prepared – Managing Your Money
Continue Reading →For those who share their lives with pets, the human-animal bond is life-long. Unfortunately, thousands of pets each year are surrendered to animal shelters because there plan for them or no funds available for their…
Continue Reading →Incapacity and death are scary prospects for most of us. As an elder law attorney, I see the consequences of failing to cope with the fear. Not facing your fears and meeting with an elder law or estate planning attorney…
Continue Reading →This is why I love the kind of work I do…. you can't make this stuff up.
Continue Reading →If you're married and got a reverse mortgage, check your paperwork. Did your spouse also sign the loan paperwork?
Continue Reading →I will be the guest of Christine Miller, owner of Hearts and Homes for Seniors this Thursday, March 10 at 10:00 AM EST, to talk about the importance of durable powers of attorney as a part of your estate plan. I hope…
Continue Reading →Putting your child on your bank account is easy, right? The two of you go to a bank, sign a few forms, and now your child can help you pay the bills or monitor your spending activities.
Continue Reading →Anyone appointed under a durable power of attorney (DPOA) to act as someone's attorney-in-fact (AIF) needs to read the document — carefully. You might think that this is obvious, but it doesn't happen nearly as much as…
Continue Reading →I've had clients who should not have been driving due to clear signs of dementia, substantially diminished mobility, or obviously impaired visual-spatial skills. Frankly, the idea of being on the road with As their…
Continue Reading →Every senior, every parent of a child with a disability, every advocate for seniors and every elder law attorney should stop today and say a prayer of gratitude for the life and advocacy of the man I've been proud to…
Continue Reading →Now here's good thinking — the head of a retirement community where I practice has started up a mutual assistance program for assisted living facilities and nursing homes…
Continue Reading →Ouch…. For the first time in over 30 years, Social Security will NOT be giving retirees a cost-of-living increase (COLA) for 2010 (http://www.nytimes.com/2009/05/03/us/politics/03benefits.html). Most beneficiaries will…
Continue Reading →The same folks who rammed the Schiavo legislation through in 2005 have tanked the proposal to have Medicare pay for a voluntary conversation about end-of-life options, now claiming that government shouldn't be involved…
Continue Reading →The text of H.R. 3200, section 1233 can be found here (http://tinyurl.com/nnzxtx).
Continue Reading →Section 1233 of the House health care reform bill provides Medicare funding so doctors can be paid for a voluntary conversation with elders, who can be given "an explanation by the practitioner of the continuum of…
Continue Reading →The American Bar Association's Commission on Law on Aging reports that the Secretary of the US Department of Health and Human Services has sent a comprehensive report to Congress entitled "Advance Directives and Advance…
Continue Reading →I'm pleased to announce that on Tuesday, August 18 at 3PM, I will be a guest on Money Matters Radio, streaming live at http://www.moneymattersradio.net/ and on air in Eastern Massachusetts on WBNW AM 1120, WESO 970 and…
Continue Reading →Great post in one of the blogs at boston.com (http://www.boston.com/business/personalfinance/managingyourmoney/archives/2009/07/medical_privacy.html) about an commonly-overlooked issue. A parent's ability to help their…
Continue Reading →Most readers know by now that Steve McNair, the former Tennessee Titans QB, was killed in a murder-suicide by a woman who was not his wife. McNair left no will. Hoo boy….Now his widow has mess that could make the…
Continue Reading →Did you know that federal law protects your Social Security check from creditors — but only if you make an effort to protect it? Massachusetts bankruptcy guru Walter Oney alerted me to an important decision from the…
Continue Reading →Please check out the link to an interview with me by Sally Herigstad, CPA, a columnist at www.creditcards.com about the rights and responsibilities of surviving spouses concerning the debts of the deceased spouse.
Continue Reading →Plenty of folks think that a will is just a form — you can buy a piece of software for less than $100, plug in names and addresses and — poof! — out comes a document that will take care of your loved ones after you're…
Continue Reading →Every year, federal law requires nursing homes be inspected and graded on the standard of care they provide residents — cleanliness, record keeping, food, etc., etc. However, until last month, there were no grades for…
Continue Reading →There's a terrific post at Bankrate.com on a subject most folks don't think about when creating their estate plan — who will know what your passwords are so they can access your accounts? There is now a service called…
Continue Reading →When was the last time you actually LOOKED at your Will? That's right — the one stuck in the back of your filing cabinet, along with the receipts for stuff you bought in 1991. Are the kids who were then in kindergarten…
Continue Reading →A fiduciary is someone you've placed in a position of trust to act on your behalf. In estate planning, the fiduciaries are the executor (or personal representative) of your will, the trustee of your trust, the…
Continue Reading →Credit — Tim Takcas, TN elder law attorney extraordinaire
Continue Reading →OK, you've finally seen a lawyer. You signed your will, durable power of attorney, health care proxy, and maybe a trust. What did you forget — or what did the lawyer forget to talk with you about? How about checking…
Continue Reading →According to a 2007 survey by the National Alliance for Caregiving, a broad-based coalition of organizations and corporations, family caregivers spent $5,500 of their own money caring for elders, not counting lost…
Continue Reading →Rep. McDermott (D-WA) has introduced HR 2705, which would provide a tax credit of 30% of qualified costs of legal work up to a maximum of $500 for preparation of advanced directives.
Continue Reading →It's been nearly a year since I've posted anything — much too long.
Continue Reading →By a veto-proof majority, Congress has just passed an amendment to Patient Self-Determination Act of 1991 which would include counseling concerning advanced directives as part of the "initial preventive physical…
Continue Reading →In 2001, Congress passed legislation which was intended to phase out the federal estate tax — sort of. Over the past six years, the threshold for federal estate taxation increased to its current level of $2 Million this…
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