Experienced Noncrisis Advance Planning

Planning in advance is one of the best ways to protect yourself, your family, your home and your savings against the uncertainties of life. A failure to plan guarantees enormous cost and stress for your loved ones, and very often results in lost opportunities to age with peace of mind and dignity.

At Curley Law Firm LLP, our Certified Elder Law Attorneys advise clients that it is never too early to plan for the inevitable, like getting old and eventually passing away. More importantly, it is never too early to plan for the unexpected, like mental incapacity or physical disability. Our attorneys also recommend updating your estate plan and elder care plan periodically to account for changes in your personal situation as well as changes in the law.

About Curley Law Firm LLP

Located in Wakefield, Curley Law Firm LLP serves clients throughout Massachusetts. Our board-certified attorneys bring decades of collective legal experience to bear on elder law and estate planning matters. Our team approach ensures that you receive the full benefit of our combined experience and innovation. You will appreciate our ability to tailor innovative solutions to meet your needs.

For additional information about our qualifications and the benefits of retaining our services, please see our page entitled “Why Choose Us.”

Noncrisis Elder Care And Estate Planning Services

Our practice is highly focused. Our lawyers handle elder law and estate planning issues exclusively, including noncrisis planning concerns. Noncrisis elder care and estate planning issues typically include:

• Drafting and/or updating estate plans, including wills and trusts, as well as advance directives
• Asset protection services
• Estate tax and capital gains tax planning
• Elder care planning for a loved one
• Special care for a child or individual with special needs
• Assisted living
• Conservatorship and guardianship
• Probate and estate administration
• Public benefits eligibility
• Chronic illness planning

Our attorneys can help you understand which of these tools are right for your specific goals.

Building Your Plan: Common Questions

Proactive planning is all about making informed choices now to protect yourself and your family later. Here are answers to some of the questions our team frequently hears from clients:

What steps should you take now to prepare for potential long-term care needs later?

The most important step is to create a foundational estate plan. This involves meeting with a qualified lawyer to review your assets and discuss which estate planning tools and strategies may apply to your situation. Our attorneys can discuss how your home, savings and income may be treated under MassHealth (Medicaid) rules.

For some clients with sufficient assets and income, this may also be the right time to consider a long-term care insurance policy. Our lawyers can review your finances and help you understand your options so you are not forced to make decisions in a crisis.

How can you structure assets today to preserve flexibility and eligibility in the future?

One key to future flexibility is understanding the MassHealth five-year look back period. Some of the most effective asset protection strategies, such as creating and funding an irrevocable trust, must be done at least five years before you apply for benefits.

By transferring assets like your home into this type of trust now, you start that five-year clock. This removes the asset from your “countable” assets for MassHealth but can be structured to allow you to continue living in your home. During a consultation, our attorneys can explain the pros and cons, and help you decide if this is the right strategy for you.

Which advance directives and powers of attorney should you have, and who should you appoint?

Every adult in Massachusetts should have two essential advance directives:

• Health care proxy: Allows you to name an agent to make medical decisions for you if you cannot
• Durable power of attorney (POA): Lets you name an “attorney-in-fact” to manage your finances if you are unable to

When choosing your agents, the most important trait is trustworthiness. It is also wise to choose someone who is organized, assertive and willing to follow your wishes. This person can be a spouse, an adult child or a trusted friend. Appointing a successor agent, in case your first choice cannot serve, is also a critical part of the process.

How often should you review your plan as laws and family circumstances change?

At Curley Law Firm LLP, we recommend reviewing your estate plan with your lawyer every three to five years. It is also essential to schedule a review after any major life event. This includes:

• A marriage or divorce
• The birth or death of a family member (especially a named beneficiary or agent)
• A significant change in your financial or health situation
• Changes in your mental or physical ability to manage your legal and financial decisions
• A move or relocation to another state

State and federal laws can also change, especially when it comes to estate taxes and MassHealth rules. A periodic review ensures your plan remains effective and accurately reflects your current wishes and life circumstances.

Call Us And Start Your Estate Plan Today

The best time to plan is now. To discuss your goals with an experienced lawyer at Curley Law Firm LLP, please call us at 866-406-8582 or send us a message through our website. We serve clients in Wakefield, and throughout Essex, Suffolk and Middlesex counties.