We are committed to providing thoughtful, empathetic legal support to seniors and their families. Our elder care attorneys work closely with you to understand your needs and develop strategies that protect your or your loved one’s rights, assets, and well-being. Whether you’re planning for the future, or facing current challenges, we’re here to help you navigate the complexities of elder care law with confidence and care.
Estate Planning for Seniors
Proper estate planning is essential for ensuring that your wishes are honored, and your assets are protected as you age. We offer services in:
- Wills: We help you create clear, thoughtful wills that ensure your assets are distributed according to your wishes, while minimizing stress for your family.
- Trusts: Creating and updating trusts tailored to meet your specific needs and long-term goals.
- Durable Power of Attorney: Appointing a trusted individual to manage your legal and financial affairs if you become incapacitated.
- Health Care Proxies: Appointing someone you trust to carry out your medical treatment preferences if you are unable to do so
- Living Wills: Also known as a Personal Directive, a living will allows you to express your medical care preferences for the withholding of life sustaining medical treatment if there is no hope you are likely to regain a meaningful quality of life.
- HIPAA Release (Health Insurance Portability and Accountability Act): Federal medical privacy laws can prevent even close family members from accessing important health information. We help you prepare a HIPAA release to ensure that your chosen individuals can speak with your doctors and receive updates regarding your care.
- Guardianship & Conservatorship: Helping establish legal guardianship or conservatorship for those who are no longer able to manage their health or financial matters.
Medicaid Planning
We understand that planning for long-term care and navigating the complexities of Medicaid eligibility can be an overwhelming and complex process. Whether you or a loved one are facing the realities of aging or healthcare needs, we are here to offer clear guidance to help you protect your assets while securing the care you need.
What is Medicaid Planning?
Medicaid is a vital program that provides healthcare coverage for those who need long-term care, including nursing home services and in-home care. However, qualifying for Medicaid can be complicated, as it involves strict income and asset requirements. Medicaid planning is a proactive strategy that allows you to legally preserve your wealth while ensuring eligibility for Medicaid benefits.
Our Medicaid Planning Services Include:
- Developing Asset Protection Strategies: We know how important it is to protect your hard-earned assets. Through careful strategies like creating irrevocable trusts or exploring options for gifting and spending down assets, we help you protect your future while still ensuring Medicaid eligibility.
- Creating Trusts for Medicaid Eligibility: Our team can guide you through the creation of trusts, such as irrevocable trusts and qualified income trusts, that help safeguard your assets to ensure that they are protected from Medicaid’s asset limits.
- Navigating the Look-Back Period: Medicaid has a five-year look-back period that may impact your eligibility if assets are transferred during that time. We help you navigate this critical period, ensuring that any asset transfers are made in compliance with Medicaid rules and in a way that minimizes penalties.
- Protecting the Family Home: Your family home is often one of your most cherished assets. We help you explore strategies such as life estates or irrevocable trusts to secure your home while still qualifying for Medicaid.
- Coordinating with Estate Planning: Medicaid planning often goes hand-in-hand with estate planning. We work to ensure that your Medicaid strategy aligns with your broader legacy goals, including managing wills, powers of attorney, and healthcare directives.
Medicaid (MassHealth) Long-Term Care Benefits
Long-term care is not only about securing healthcare, but also about ensuring that you and your loved ones can live with dignity and comfort. We help you plan for future care, whether in a nursing home or through in-home services, so you can receive the care you deserve while protecting your financial security. Our attorneys help with:
- Conducting Personalized Eligibility Assessments: We’ll take the time to truly understand your unique situation and financial needs. By assessing your current financial picture, we can help identify how to best position you for Medicaid eligibility and support your goals.
- Preparing Medicaid Applications: If you need assistance navigating the application process or your Medicaid application has been denied, we are here to advocate on your behalf. We’ll help you create and file all documents correctly and, if needed, assist with appealing decisions to protect your benefits.
- Maintaining Eligibility: Medicaid eligibility can change over time. We’ll help you understand how to maintain your eligibility, manage assets and income, and comply with any Medicaid reporting requirements.
Guardianship & Conservatorship
When an elderly individual is no longer able to make decisions on their own, legal guardianship or conservatorship may be necessary. Our team helps with:
- Establishing Guardianship: Helping families seek guardianship for elderly loved ones who can no longer manage their health and financial decisions.
- Conservatorship for Financial Affairs: Assisting with the appointment of a conservator to manage the financial matters of an incapacitated individual.
