With the decline of the traditional nuclear family, individuals over 50 are increasingly vested with responsibility for the caretaking of young children and adolescents. Financial problems are the primary cause of seniors having to assume more “traditional” child-rearing duties. Whether due to a divorce, military service, substance abuse, mental illness or other secondary issues, some adults may be unable or simply unwilling to be good parents themselves. [Read more...]
Medicaid, or MassHealth as it is referred to in Massachusetts, is an avenue available for funding long-term nursing home care. To qualify, you must meet asset thresholds that many elders exceed. Additionally there are income requirements for MassHealth/Mediciad. Adequate understanding of MassHealth/Medicaid law and proper strategizing is a critical component of any plan for the future. With the proper planning of an elder-law attorney, you can protect your property, spouse, and assets. [Read more...]
In the coming years we will see a marked increase in the number of cases challenging the legality of a will on the grounds of mental incapacitation of the person making the will. Though the reason for the increase in will contests is debatable, the growing number of elders with medical issues affecting their cognition; the transfer of wealth between World War II and baby boomer generations; and the change in the traditional nuclear family certainly play a role. [Read more...]
Most everyone would say that they want to be independent and remain in their own homes as long as possible. This sense of autonomy can be kept in place longer than ever before due to medical advances, assistive devices, and in-home care provided by family members and private caretakers. However, what happens when an elder can no longer remain safely in their home and an adult child is trying to get them the help they need?
Esther is 89 years old. She has lived alone since the death of her husband 23 years ago. She gave up driving two years ago, but is regularly visited by her children and grandchildren, who take care of errands or drive her to handle things herself. Lately, she has been rather unsteady on her feet. Additionally, she has been very forgetful and once left the stove on all night. She is also having trouble remembering to take her medications. There were so many her daughter, Susan, sorts them every week into a pill box. Esther still forgets to take them and sometimes actually doubles up on doses. Susan can see its time for more help but Esther is adamant about not having strangers in the house and doesn’t want to end up in “one of those places…” [Read more...]
I’ve written about Pet Trusts in a previous blog. They have many benefits for pet owners concerned about what would happen should their animal outlive them. However, until recently, Pet Trusts were not available in Massachusetts. New Massachusetts legislation took effect on April 7th, 2011, bringing this important Estate Planning tool to the Bay State. The remainder of this week’s blog was edited from an article written by Attorney Gina Barry of Bacon Wilson, P.C. in Springfield. [Read more...]
Many seniors currently need assistance paying their bills and managing their finances, or may need help sometime in the future. It’s important to have a trustworthy person authorized to manage your finances should you be unable to do so yourself. Are joint bank accounts a good option? [Read more...]
The Safe Driving Law has officially become effective in Massachusetts as of Sept. 30, 2010. Massachusetts now joins an increasingly growing number of states that ban texting while driving. However, a major part of this bill is also targeted at elderly drivers who are over the age of 75.
On June 2, 2009, a 93-year-old driver hurt a mother and toddler in a stroller when he drove his car into a Danvers Wal-Mart. He stepped on the gas pedal because he thought he was stepping on the brake. The next day, a 73-year-old Middleboro driver accidentally drove her minivan into a crowd of people attending a Vietnam War Memorial in Plymouth. As a result, eight people went to the hospital. Read this blog for more information. In an effort to reduce the number of accidents involving elderly drivers, Massachusetts legislators passed the new Safe Driving Law. [Read more...]
Occasionally, I run across a great article written by someone else. Today is one of those days and I just had to share it with you. Clients are often confused when they come in for initial consultations and have preconceived notions about planning their estates based on things that they’ve heard from their friends, neighbors, hairdresser, etc. Most of the time the information shared is incorrect, or at least incorrectly applied to their situation. This article does a great job of debunking the most popular “myths” of estate planning. I only added one little thought in bold below. Thank you to my colleague, Attorney Gina Barry, from Bacon & Wilson in Springfield for putting this article together…. and as far as I know unicorns are still mythical creatures. [Read more...]
The issue of hoarding has recently gathered a great deal of attention, particularly due to news reports and popular television shows. However, hoarding is not a new or a small problem. The problem of hoarding has been documented since the turn of the century and is thought to significantly affect nearly 15 million Americans, many of them elderly. A great article recently appeared in the Boston Hearald dealing with the clinical aspects of Hoarding. Unfortunately, research has been lacking in this area – until now. [Read more...]
What does the new, federal health care law, the Affordable Care Act, mean for seniors? How will it affect Medicare recipients? Throughout the health care reform debate of the past few years, Medicare has been a significant issue. The Affordable Care Act (“Act”), the law passed by Congress and signed by President Obama this spring, seeks to provide better quality and more affordable care to seniors and Medicare recipients. [Read more...]