Elder Law: The Importance of Planning

A recent Boston Globe article reveals as many as 60% of Massachusetts nursing homes are finding ways to skirt a 2012 dementia care law intended to prevent deceptive practices. The law requires that facilities advertising dementia care must meet specific criteria including dementia-specific training for staff, specialized activities, and security measures to prevent wandering.

This story is just one of many that illustrate how important it is to do your homework and advocate for your loved one through estate planning and long term care planning. Our firm assists clients with all of their elder law concerns. Areas within elder law include:

  • Nursing Home Issues – Sadly, as our population ages, we see increased cases of abuse, neglect, and exploitation in nursing homes. An elder law attorney can help secure return of assets in a case of financial exploitation or recover damages for injuries resulting from neglect or abuse.
  • Medical Directives – Should you become incapacitated and unable to communicate your wishes, it’s imperative that you have medical directives in place. In Massachusetts, you will need a living will and health care proxy. An attorney can help you through this delicate process.

  • Estate Planning – Estate planning is a true gift to loved ones, as it simplifies distribution of assets and other tasks during an already emotional time. Your elder law attorney will guide you through the process step by step, ensuring that your wishes are properly documented.
  • Long-term Care – LTC insurance is an expensive and complicated proposition. When shopping, you must consider how much coverage you need, what you can afford, what the policy covers, and what triggers payment. Other important considerations are the elimination period, non-forfeiture clause, and inflation protection. An attorney versed in elder law can advise you throughout the decision-making process.
  • Medicaid – Medicaid’s complex laws are daunting to say the least. Guidance from an attorney who has carefully studied federal and state-specific Medicaid laws can provide much-needed peace of mind as you try to navigate this intricate web.

If you have questions or concerns regarding any issues within elder law, call our office to schedule a consultation.