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Who Takes Care of the Unbefriended Elderly?

Posted by Sasha Golden | Sep 24, 2013 | 0 Comments

A critical part of the estate planning process involves the client's selection of an appropriate person to look out for the client when it's time for end-of-life decision-making, so that this person can be named in the Health Care Proxy and given access to medical records via a HIPAA Release.. Th...

Guest Post: Payment of Home Health Aides

Posted by Sasha Golden | Aug 23, 2013 | 0 Comments

Today's guest blogger is employment lawyer Michael Mason. Attorney Mason practices at Bennett and Belfort in Cambridge, Massachusetts; and has litigated and mediated numerous employment law cases representing both employers and employees. Here are his thoughts about a problem which comes up regul...

Looking to claim Florida residency? Not so Fast,

Posted by Sasha Golden | Aug 19, 2013 | 0 Comments

Yes, it's August. But soon enough your thoughts may turn to packing up the car and heading south to enjoy a warmer winter. If you are heading to Florida, don't just assume that you can escape Massachusetts taxes just because you put a Florida plate on your car. One estate and financial planning i...

Can you get MassHealth to pay your spouse for care?

Posted by Sasha Golden | Jul 09, 2013 | 0 Comments

Right now, the answer is “no.” If you qualify for MassHealth and need a personal care attendant (PCA), you can use MassHealth money to pay anyone to care for you except your spouse. Under current law, you can pay your fiance to provide care and MassHealth won't mind, but your significant other wo...

What's happening with Mom's money?

Posted by Sasha Golden | May 28, 2013 | 0 Comments

One of the questions I get (unfortunately) goes something like this: “my sister has persuaded Mom to put her on the bank account and now I can't get any information about what's happening with Mom's money. Sis is telling Mom not to talk to me about anything. What can I do?” The answer hinges on w...

A different kind of graduation present

Posted by Sasha Golden | May 13, 2013 | 0 Comments

Congratulations! It's graduation season! Before you get too misty-eyed wondering when your baby turned into the lovely young woman or man standing on stage getting a diploma, you may want to consider a different kind of graduation present for the new graduate. An estate plan. The hard, cold real...

Having the talk about end-of-life care

Posted by Sasha Golden | May 02, 2013 | 0 Comments

Unfortunately, failing to tell loved ones and physicians what type of care you would want if you suffer from an illness which will eventually lead to your death is all too common an experience. It is important that Massachusetts residents have a Health Care Proxy (HCP), which designates an agent ...

Being femal continues to get more expensive

Posted by Sasha Golden | Mar 11, 2013 | 0 Comments

As an elder law attorney, I regularly suggest to my clients that they investigate purchasing long-term care insurance as a hedge against the cost of costs associated with aging, especially if they have any interest in planning for the cost of long-term care and asset protection. I still think it'...

Emergencies and independent retirement communities

Posted by Sasha Golden | Mar 04, 2013 | 0 Comments

Here's a very disturbing article concerning the death of an elder who resided in an independent living facility in California. Despite the rather obvious risk that elderly people living in their facility may have medical emergencies that require CPR or other life-saving interventions,the facility...

Betting on Death — Part Two

Posted by Sasha Golden | Feb 18, 2013 | 0 Comments

My last post discussed one form of betting on your death – “stranger oriented life insurance” (“STOLI”) –a practice which is illegal in Massachusetts. However, another variation of betting on your death – life settlements – is trending towards legitimacy. Unlike STOLI, which involves third party ...

Betting on Death — Part One

Posted by Sasha Golden | Feb 11, 2013 | 0 Comments

Imagine that you are an elderly retiree who has recently been hit with a sizable amount of debt.  One day you receive a phone call from an insurance agent who proposes the following deal: 1.         You take out a good-size life insurance policy. 2.         For the first two years, the insurance ...

Don't fall victim to this scam against aging veterans!

Posted by Sasha Golden | Jun 04, 2012 | 0 Comments

There was an excellent article in the May 2012 edition of Kiplinger's Retirement Report (subscription required) on a little –known scam which is run by some less-than-scrupulous insurance agents on frail elderly veterans and their surviving spouses. The deal they present is this:  buy an annuity ...

Happy Mother’s Day!

Posted by Sasha Golden | May 14, 2012 | 0 Comments

It's Mother's Day – what did you give her? How about peace of mind? If your mother does not have an estate plan, start talking to her — perhaps in one conversation, perhaps over time — about the peace of mind for both her and you which comes from knowing that her affairs are in order. Ask her abo...

Are you sure you want to be a fiduciary?

Posted by Sasha Golden | May 06, 2012 | 0 Comments

I regularly counsel my clients to be careful about who they name as fiduciaries — personal representatives, trustees, attorneys-in-fact and health care agents. Many reflexively name a spouse. Some of my clients want to name their oldest child, thinking that this is “naturally” the role for that p...

Welcome to my new home!

Posted by Sasha Golden | Apr 27, 2012 | 0 Comments

Greetings and welcome to the new Massachusetts Elder Law Blog! Now that I've moved over from Blogger, I'm pleased to (virtually) see you here. I invite you to send questions which can be answered in this format to [email protected] (please don't include any personal information).  Make sur...

Substituted Judgment, Part 3

Posted by Sasha Golden | Mar 12, 2012 | 0 Comments

In a prior entry, I discussed how Massachusetts probate courts are supposed to make decisions on behalf of incapacitated persons when a guardian asks the court for authorization to obtain an abortion or sterilization surgery, using the “substituted judgement” standard. This standard asks the judg...

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