CURLEY LAW FIRM LLP Mark M. Curley, Esq. Patrick G. Curley, Esq. One Common Street Wakefield, MA 01880 Let Us Serve You Now Call 781-245-2222 Email: pcurley@curleylawfirm.com

National Academy of
Elder Law Attorneys

Curley Law Firm is a father and son legal team composed of Attorneys Mark and Patrick Curley. Together, we have served clients for four decades. We are a family and we will do everything in our power to protect and serve you and your family.

In 2007, we are celebrating two anniversaries:  Mark has practiced law for 30 years and Patrick has practiced law for 10 years. 

We are active members of the National Academy of Elder Law Attorneys (NAELA) and the Massachusetts Chapter of NAELA.  In an effort to share elder law information with the public, we publish articles, lecture, and make television appearances on a variety of Elder Law Topics across Massachusetts.  We concentrate on the following practice areas:

Estate Planning

We draft custom-tailored Wills, Trusts, Durable Powers of Attorney, Health Care Proxies, and Living Wills. We give clients the peace of mind that no matter what their future holds, our estate plan will help you protect your health and finances, preserve and protect assets, minimize or eliminate estate taxes, and avoid or limit Probate.

Guardianship

We represent clients in both contested and uncontested guardianship proceedings.  On behalf of elders with capacity, we have successfully challenged decisions made by their appointed power of attorney when such decisions are contrary to the interests of our client .

Probate and Estate Administration

With our advice, you can confidently and efficiently fulfill your duties as Executor or Administrator.  We also represent family members and other interested parties in probate litigation to ensure that distribution of the estate is honest, accurate and equitable .

Elder Law and Medicaid Planning

By strategically planning for your future, we help clients protect and preserve real estate and investments for themselves, their spouses and families.  We prepare Medicaid (MassHealth) applications so that you and your family can focus on rehabilitation and care duties, and we can focus on the intricacies of MassHealth.  It is never too late to conduct Medicaid planning and save assets .

Real Estate

If real estate is one of your largest assets, allow us to give your real estate the careful attention it requires.  We have decades of experience advising clients during the purchase and sale of real estate to ensure that their interests are protected.  In addition, through life estate deeds, trusts, and homestead declarations, we help protect your real estate against lawsuits and Medicaid.

Every Client is a Priority

Our reputation is built on the following principles:

Compassion – our personal experience helping the elder generations of our family guides our practice.

Convenience – we have the flexibility to travel to clients when necessary and the commitment to immediately address and resolve client emergencies.

Character – as father and son, we offer an unmatched standard of integrity and reliability.

We have successfully served clients for more than three decades.  Please contact us today so that we may serve you.

IMPORTANT NEWS UPDATE

Sweeping Changes to Medicaid :  Over the objections of elders, elder law attorneys, and elder advocacy groups across the country, President Bush signed The Deficit Reduction Act of 2005 on February 8, 2006.

Among the more draconian provisions of the law, Medicaid increases from three years to five years the look-back period for asset transfers and financial information prior to the date of application for benefits. 

Moreover, Medicaid changed the way it calculates the penalty on applicants who have made gifts within the look-back period.  Under the old regulations, gifts made within the three year look-back period rendered an applicant ineligible for Medicaid long term care benefits for a period of time commencing on the first day of the month in which the gift was made.  Applicants could apply for benefits as soon as the penalty period had run its course.  Not so anymore. 

Under the new law, the penalty period for gifts made within the expanded five-year look-back period will not apply until the date on which the applicant is otherwise eligible for Medicaid benefits.  This draconian provision is best illustrated with a hypothetical:

A 70-year-old healthy grandmother might buy a $25,000 car as a college graduation gift for her granddaughter.  Four and a half years later, the grandmother could suffer a stroke, require long-term nursing care, spend down her remaining assets, and apply for Medicaid benefits.  Medicaid will reject her application and disqualify her for benefits for more than three months because of the graduation gift she made to her granddaughter nearly 5 years before.  It is expected that Medicaid will not award benefits even if the applicant has no other assets and cannot retrieve the gifts.

On a positive note, the new law provides that gifts made prior to February 8, 2006, will be subject to the old Medicaid regulations including the three-year look-back period. 

Conclusion:  Now more than ever before, we urge clients to consult with us about past and future gifts to mimize any impact on Medicaid eligibility.  While Medicaid regulations have changed, we continue to employ strategies to preserve and protect assets for clients.  We employ lawful techniques to protect your home and/or a portion of your assets.  Medicaid planning requires the expertise and experience of a qualified elder law attorney.  Contact us immediately to ensure that your past and future gifts do not jeopardize your Medicaid eligibility. 

Curley Law Firm LLP is centrally located in Wakefield, Massachusetts and serves clients throughout Eastern Massachusetts including Middlesex County (Wakefield, Reading, North Reading, Melrose, Burlington, Stoneham, Medford, Winchester, Andover, Middleton, etc.), Essex County (Beverly, Beverly Farms, Peabody, Essex, Ipswich, Rockport, Gloucester, Salem, Saugus, Lynnfield, etc. ), and Suffolk County. We practice in Middlesex Probate and Family Court, Essex Probate and Family Court, Suffolk Probate and Family Court, Middlesex Superior Court, Woburn District Court, Malden District Court, Salem District Court, Peabody District Court, Gloucester District Court and Lynn District Court.

Please contact us now at:

Curley Law Firm LLP
Mark M. Curley, Esq.
Patrick G. Curley, Esq.
One Common Street
Wakefield, MA 01880
Tel: (781) 245-2222
Fax: (781) 245-9399
Email: pcurley@curleylawfirm.com

Last Updated January 16, 2007