Caregiving has become a common topic of conversation among adult children who are now taking care of their elderly loved ones. When someone has had a decline in cognitive or physical ability, the first reaction is often to leverage family members or friends to ensure that this person’s safety is not compromised while still allowing… Read More »
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Who Can Become Legal Guardian of an Incapacitated Person in Massachusetts?
Not everyone who wishes to serve in the important role of guardian for an incapacitated person can necessarily become one. This is because in Massachusetts guardians must be appointed by the probate and family court. Guardianship is not automatically applied to the parent of an incapacitated adult. A temporary guardian could be appointed if it… Read More »
Is Your House Protected from a MassHealth Lien or Estate Recovery?
Proper estate planning can help you accomplish multiple different goals within your estate and elder law plan but only when you are clear about what this looks like and have a comprehensive plan crafted by a knowledgeable Massachusetts estate planning lawyer. Being under the impression that just because your house is in a trust it… Read More »
What Is a Dementia Health Care Directive?
Durable powers of attorney for health care are an important component of your estate plan and can be very useful. However, the unique impacts of brain decay associated with dementia can make it all the more important to specifically consider a health care directive for this purpose. Someone who is non-responsive and completely bed ridden,… Read More »
Why You Need to Avoid Last Minute Estate Planning
Most people want to put off any conversations or tasks related to their own immortality or potential incapacity. While this is a natural response for plenty of people, it’s a dangerous one that could leave you or your loved ones at risk of facing unnecessary challenges. Last minute estate planning puts you and your loved… Read More »
Should I Choose an Executor Outside of My Family?
A lot goes into the process of serving as an estate executor in Massachusetts (formally known as a personal representative), so you need to be clear about the person you select to serve in this role and make sure you’ve selected the right individual for the job. There are three primary factors you should be… Read More »
Money Management Issues Associated with Alzheimer’s
While the condition of Alzheimer’s might take a different path for each person who is diagnosed with it, as a loved one of someone who is suffering, you should be prepared to know what to expect. As a Massachusetts elder lawyer can tell you, there’s a lot to think about when a family member’s cognitive… Read More »
What If a Personal Representative Does Not Want to Serve in an Estate?
If you have been named as the executor of another person’s estate this does not mean that you must serve as the personal representative. You have a choice about being appointed in this role and since the court does still need to appoint you, it’s a good idea to get legal counsel and discuss what… Read More »
What is Breach of Fiduciary Duty?
An executor (formally known as a personal representative in Massachusetts) is a person appointed to handle the administration of your estate. When they violate specific laws or ethical considerations this may count as a breach of fiduciary duty. A breach of fiduciary duty dispute occurs when a person who is responsible for managing a will,… Read More »
When Does My Loved One with Dementia Need Memory Care?
When most family members are diagnosed with dementia, the symptoms are mild to moderate. Spouses, children, grandchildren, and other family might step in to help support the overall safety and health of the loved one at that point. But there might also come a time when the dementia diagnosis is so serious that it requires… Read More »