Elder law (Massachusetts)

Elder Law (Massachusetts) encompasses the legal practice area focused on the unique needs and concerns of older adults, particularly those residing in Massachusetts. It addresses a wide array of issues related to aging, disability, and long-term care. Unlike some other legal specialties, elder law is defined by the client group it serves rather than a specific area of law. Therefore, it often involves aspects of estate planning, probate, guardianship, healthcare law, real estate law, and government benefits programs.

Key Areas of Focus:

• Estate Planning: Preparing wills, trusts (including special needs trusts), powers of attorney (financial and healthcare), healthcare proxies, and advance directives to ensure the client’s wishes regarding asset distribution and medical care are honored.

• Long-Term Care Planning: Assisting clients in planning for the costs of long-term care, whether provided at home, in assisted living facilities, or in nursing homes. This often involves strategies to preserve assets while qualifying for MassHealth (Massachusetts Medicaid) benefits.

• MassHealth (Medicaid) Planning: Navigating the complex rules and regulations of MassHealth, including eligibility requirements, asset limitations, and income thresholds, to help clients access benefits to pay for long-term care. This includes strategies such as asset protection trusts, gifting, and other legally permissible methods of reducing countable assets.

• Guardianship and Conservatorship: Representing clients seeking to be appointed as guardians or conservators for incapacitated individuals, or representing individuals who are the subject of guardianship or conservatorship proceedings. This involves navigating the legal process for determining incapacity and ensuring the individual's best interests are protected.

• Probate and Estate Administration: Assisting with the legal process of administering the estate of a deceased person, including filing the necessary paperwork with the probate court, paying debts and taxes, and distributing assets to beneficiaries.

• Elder Abuse and Exploitation: Representing victims of elder abuse, neglect, or financial exploitation, and taking legal action to recover assets or protect the victim from further harm.

• Retirement Planning: Advising clients on retirement income strategies, Social Security benefits, and other retirement-related issues.

• Housing: Addressing housing issues specific to seniors, such as reverse mortgages, housing discrimination, and eviction defense.

• Special Needs Planning: Planning for the financial security and well-being of individuals with disabilities, including the use of special needs trusts to protect their eligibility for government benefits.

Massachusetts-Specific Considerations:

Elder law in Massachusetts is governed by state-specific statutes, regulations, and court decisions. MassHealth eligibility rules, guardianship laws, and estate planning requirements differ from those in other states. Attorneys specializing in elder law in Massachusetts are familiar with these specific nuances and can provide tailored advice to clients.

Finding an Elder Law Attorney:

The National Academy of Elder Law Attorneys (NAELA) has a Massachusetts chapter, and is a good resource for locating qualified elder law attorneys in the state. Other resources include the Massachusetts Bar Association and local bar associations.