What You Need to Know About Long Term Care Following an Incapacitating Event

A major concern for many clients today is what will happen if they require long term health care in a nursing home, but are no longer at the point where they can make important health care and financial decisions on their own due to a prolonged medical condition, serious injury, or dementia.

This is particularly relevant in Massachusetts if Mass Health, the Medicaid program that provides benefits to pay for long term care and nursing home expenses, is necessary.

Two different documents might be used to alleviate these incapacity planning concerns well in advance. These are a power of attorney and a health care proxy, which should be completed now before any diagnosis of dementia or other cognitive issue has been assessed.

A health care proxy appoints another individual known as a health care agent to make important health care decisions for you if you can no longer do so yourself. A power of attorney, while related, is also a distinct document from the health care proxy. This appoints another person referred to as an attorney in fact, to make financial decisions on your behalf when you cannot do so on your own.

Creating these documents now, well in advance of requiring care in a nursing home can help to alleviate the typical problems associated with cognitive decline and how this impacts the signing of legal documents. Schedule a consultation today with our Massachusetts estate planning lawyer to discuss the specifics of your case as well as any other documents and strategies that might be relevant for your long term care plan.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

View all posts by Tiffany A. O'Connell, JD, LLM, CELA, AEP →

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.