When An Emergency Strikes, You Can Count On Us
When a crisis hits, you need an elder law firm that will respond immediately because time may not be on your side when it comes to planning opportunities. With two Certified Elder Law Attorneys and a professional paralegal support team, we have many years of experience helping families like yours make it through crises while achieving key planning goals.
Life is unpredictable. An injury from a fall, a chronic health condition, or a newly diagnosed illness like Alzheimer’s or Parkinson’s disease can change your life and the lives of your family. Even if you have never done any legal planning before, you still have the opportunity to engage in valuable planning even in a crisis. As specialists in this area, we can help you preserve and protect assets, qualify for public benefits, protect a spouse from impoverishment, and many other time-sensitive goals.
For additional information about our qualifications and the benefits of retaining our services, please see our page entitled “Why Choose Us.”
For experienced representation and quality service from attorneys who understand how to handle a crisis or emergency regarding elder law or estate planning, please call us at 866-406-8582.
Massachusetts Elder Law And Estate Planning Lawyer
We have extensive experience handling all types of crisis situations, including the following:
- Asset protection
- Public benefits eligibility for nursing home care or at home care
- Hospitalization and medical care
- At home care in your home or apartment
- Assisted living or memory care
- Nursing home care
- Alzheimer’s, dementia or decision-making impairment
- Chronic illnesses, including Parkinson’s, multiple sclerosis, kidney disease, cancer, etc.
- Individuals with special needs
- Death
- Probate issues
- Probate and trust administration assistance (for those appointed as an estate administrator)
Answering Your Questions About Crisis Planning
When a medical emergency strikes, a person is often forced to make major legal and financial decisions under extreme pressure. Below, we provide answers to some questions you may have at this time:
What steps should you take immediately if a loved one needs urgent long-term care placement?
First, ensure your loved one is safe. If they are in a hospital, speak with the social worker or discharge planner immediately about their assessment for care.
You may feel pressured to choose a nursing home quickly. It is critical that you do not sign any admission paperwork that makes you a personal financial guarantor. Before committing to a facility, you must understand the payment process, whether that is private pay, Medicare (for short-term rehabilitation) or MassHealth (Medicaid for long-term care).
This is the moment to contact an attorney before you move any money or sign admission agreements. Our board-Certified Elder Law Attorneys can quickly review the situation, advise on the correct financial steps and coordinate with the hospital and nursing home.
Can you protect assets if nursing home care is needed right away?
Yes. Even in a crisis, you still have options when it comes to protecting your loved one’s assets. At Curley Law Firm LLP, our goal is to help your loved one qualify for MassHealth sooner while protecting the savings that the law allows you to keep. This may involve making certain immediate transfers, purchasing a special, Medicaid qualifying annuity or using other strategies to preserve and protect assets for unmarried applicants (or the spouse of married applicants, called the “community spouse”) or for the whole family.
Are there MassHealth programs that can pay for home care to help an individual age in place?
Yes. MassHealth offers programs such as Home- and Community-Based Services (HCBS) waivers, which can help eligible individuals receive care in their homes or even in certain assisted living residences rather than in a nursing home. These can be an excellent option for preserving independence and aging with dignity.
The Frail Elder Waiver is the most common program, providing services such as:
- Personal care
- Housekeeping
- Meal delivery
- Adult day health
Eligibility for these waivers involves complex financial and medical requirements, which are different from the requirements for nursing home care. Our attorneys can help you determine which waiver program is appropriate and assist you with the application process.
What documents must be prepared quickly in a health care or financial emergency?
If your loved one can still understand legal documents (regardless of whether they can physically sign documents as they can direct another individual to sign on their behalf), getting the following documents in place immediately is critical:
- Health care proxy: This names an agent to make medical decisions on your loved one’s behalf. Without it, you may be forced to seek a court-ordered guardianship to make simple medical choices.
- Durable power of attorney: This names an agent to manage financial affairs. A generic POA may not be enough. It must include specific, powerful language to allow your agent to engage in crisis asset protection and MassHealth planning.
Our attorneys can often act quickly to prepare these essential documents. However, if your loved one no longer has decisional capacity, they may not be able to create these documents. At that point, you may be left with no choice but to petition the court for a guardianship or conservatorship. Our lawyers can advise on the applicable options given your specific emergency.
Get The Support You Need: Call Curley Law Firm LLP Today
A crisis requires a fast response. Our Certified Elder Law Attorneys are ready to provide the guidance you need. Contact our office today by calling 866-406-8582 or reaching out through our online form. We serve clients in Wakefield, and throughout Essex, Suffolk and Middlesex counties.