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The Heritage Law Center, LLC Blog

May is National Elder Law Month

POSTED ON: May 4, 2020

Since May is National Elder Law Month, it’s the perfect time to take care of your elder law needs. The first step is a free initial consultation with us by phone or video (in-person visits will be available once the public health crisis has passed).

How We Can Help

Estate planning: Estate planning is needed to control how your assets are given to your loved ones and the organizations you care most about. Also, we can help you avoid the costs and time associated with probate.

Asset protection: We’ll talk to you about estate planning techniques to protect your assets now and in the future.

Tax planning: You can minimize estate taxes by using the right estate planning strategies.

MassHealth planning: Medicaid, known as MassHealth in Massachusetts, is a joint federal/state program that supports the cost of nursing home care for people who qualify by meeting strict income and asset limits. By using certain planning strategies, we can help protect your assets and quality of life, while saving your family significant money. We can also help you through the burdensome and often confusing application process to get MassHealth benefits.

Long-term care planning, including home options: We’ll discuss your needs and review the options that would work best for you.

Incapacity planning: A standing power of attorney (POA) puts a person in control of your legal and financial decisions should you become incapacitated or unable to make your own decisions. In Massachusetts, a medical POA is known as a health care proxy. It gives another person the legal authority to make medical decisions on your behalf if you become unable to do so.

Medical advance directive: An advance directive, also known as a “living will,” expresses your wishes as to how your designated agent should proceed in certain specific circumstances such as how and when you wish to receive medical treatment in the event of a terminal illness.

Special needs trust: This type of trust is generally a very effective way to maintain or achieve eligibility for need-based public assistance for the benefit of a person with disabilities. The trust can then be used to supplement the elderly person’s care while MassHealth pays for long-term care.

Conservatorship and guardianship: If someone hasn’t created advance directives like a health care proxy or a durable power of attorney, loved ones have to go to probate court to pursue a conservatorship or guardianship. Both guardians and conservators are individuals given certain decision-making authority for a person by a court; the difference between them is the types of decisions they can make.

Estate and trust administration: After a person dies, their estate must be administered. This includes paying creditors, filing the will, taking an inventory of the property, paying taxes, notifying the beneficiaries, and distributing the assets. This process is called estate administration. If the person who died had a will or had no will or trust, the estate must go through the probate process. If the person had a trust, the assets will be handled through a trust administration.

Contact us today
Getting started is really the hardest part. We’ll walk you through the process every step of the way and make it as easy for you as possible. And when you’re done, you’ll have the peace of mind of knowing that everything is in place to best handle what the future brings. Contact us at 617.299.6976 or mkarr@maheritagelawcenter.com now to schedule your free consultation.