What Is Elder Law?
Elder law is an area of law that includes the creation and maintenance of asset protection plans for aging individuals. This can include the creation of estate planning tools like advance directives and durable powers of attorney, revocable and irrevocable trusts, testamentary trusts, wills, MassHealth (Medicaid) planning and submission of an application for benefits, asset protection, estate tax planning, and other things.
While much of elder law is focused on older adults and seniors, the fact is that people of all ages can benefit from the services of a qualified elder law attorney. For instance, clients with minor children can establish protective trusts to ensure that if they pass away, their children are protected. Families with loved ones with special needs can create plans to provide for and protect them. Other younger clients may wish to engage in estate tax planning to reduce taxes on valuable real estate and savings.
Many law firms offer elder law services, but it is not always their primary focus. Elder law requires years of focused experience to develop the knowledge necessary to achieve a client’s goals amidst a complex and ever-changing legal environment. For this reason, we refer you to Questions To Ensure You Are Working With A Qualified Estate Planning And Elder Law Attorney.
Working with a truly qualified elder law attorney – like our attorneys – is essential when you are planning if you want the peace of mind that you, your family and your hard-earned savings are best protected.
For additional information about our qualifications and the benefits of retaining our services, please see our page entitled “Why Choose Us.”
Answering Your Questions About Elder Law
At Curley Law Firm LLP, we believe in empowering our clients with clear information. Here are answers to some common questions about elder law in Massachusetts:
What legal documents are essential for aging adults to have in place?
An estate or asset protection plan typically includes four key documents:
- A health care proxy: This document lets you name a person, known as your agent, to make medical decisions for you if you cannot.
- A durable power of attorney: This names an agent to manage your financial matters. This document must contain very specific language to be useful for MassHealth planning.
- A will: This legal document details how your assets should be distributed after your passing.
- A revocable or irrevocable trust: For many, a trust is essential for managing assets, avoiding probate or protecting assets from long-term care costs.
Our board-certified lawyers will ensure your documents are tailored to your exact needs.
How do Medicare, MassHealth and long-term care insurance interact?
Each of these systems serves different purposes. Medicare is a federal health insurance program for those 65 and older. It generally only pays for short-term skilled nursing care, such as rehabilitation after a hospital stay. This is usually up to 100 days, with co-pays.
However, it does not cover long-term custodial care in a nursing home or at home. MassHealth (Medicaid) can help cover these long-term expenses, but this joint state and federal program involves strict financial eligibility requirements.
Long-term care insurance is a private policy you buy to cover care costs. These policies have a wide range of benefits and coverage limits. If you or your family member has one, our attorneys can review your policy and create a plan that integrates it with Medicare or MassHealth planning.
What protections exist against elder financial exploitation and abuse?
Many older adults are at risk of financial exploitation, especially if they are vulnerable or rely on others for assistance. Being proactive with one’s estate or asset protection plan can mitigate these risks. For example, a well-drafted durable power of attorney allows you to choose a person you trust completely to act as your agent.
Setting up a trust and naming a professional or trusted family member as trustee also adds a layer of oversight.
How can you plan for incapacity while preserving independence and dignity?
Planning for incapacity is already an important act of independence, and one that ensures your dignity remains intact. It allows you or your loved one to make your own choices now about your future. For example, a health care proxy can specify one’s wishes about life-sustaining treatment. This helps them receive the care they want. A durable power of attorney allows one to choose the person they trust to manage their finances.
Our attorneys take great pride in communicating these options clearly. We listen to your values and help you craft a plan that reflects your personal goals, giving you peace of mind that you will be cared for on your own terms.
Talk To Our Board-Certified Elder Law Attorneys Today
Our lawyers are ready to provide the informed guidance you and your family need. Contact Curley Law Firm LLP today by calling 866-406-8582 or by sending us a message through our website. We serve clients in Wakefield, and throughout Essex, Suffolk and Middlesex counties.