Blog

Here's an interesting story — a survey by a unit of Bank of America of 457 baby boomers (born between 1945 and 1964) with at least $3 million just aren't very interested in leaving an estate for their children. Only 49% felt it was important to leave an inheritance. The rest planned to spend thei...

A follow-up to my post of March 9, in which I discussed a law suit brought by AARP against the Department of Housing and Urban Development concerning the agency's policies about reverse mortgages. As I noted, HUD had instituted a policy in 2008 which forced surviving spouses who inherited homes b...

Child turning 18? Be prepared – Managing Your Money Once your child turns 18, you lose all legal control over their affairs. If there was an emergency, you would have no right to access their educational, medical or financial information without their express written permission. For a modest fee,...

For those who share their lives with pets, the human-animal bond is life-long. Unfortunately, thousands of pets each year are surrendered to animal shelters because there plan for them or no funds available for their care. As of April 7, 2011, Massachusetts residents will be able to make sure tha...

Incapacity and death are scary prospects for most of us. As an elder law attorney, I see the consequences of failing to cope with the fear. Not facing your fears and meeting with an elder law or estate planning attorney can result in a lot of stress for your family — and a lot of expenses for you...

This is why I love the kind of work I do…. you can't make this stuff up. In a small town in central Italy, Luciano Visocchi grew up with stories about Boston, where his mother and aunt had lived for many years. When Visocchi died this past summer at the age of 62, he honored the city his fa...

If you're married and got a reverse mortgage, check your paperwork. Did your spouse also sign the loan paperwork? If the answer to the question is “no,” you may have a problem if your spouse outlives you and your house is worth less than the loan balance. HUD sets the rules for nearly all reverse...

I will be the guest of Christine Miller, owner of Hearts and Homes for Seniors this Thursday, March 10 at 10:00 AM EST, to talk about the importance of durable powers of attorney as a part of your estate plan. I hope you all listen in! http://www.blogtalkradio.com/christine-miller

Putting your child on your bank account is easy, right? The two of you go to a bank, sign a few forms, and now your child can help you pay the bills or monitor your spending activities. No worries, right? Wrong. Let's put aside the scary — but real — possibility that your child might take the opp...

Anyone appointed under a durable power of attorney (DPOA) to act as someone's attorney-in-fact (AIF) needs to read the document — carefully. You might think that this is obvious, but it doesn't happen nearly as much as it should. Failure to read and understand the document is not a good excuse if...

I've had clients who should not have been driving due to clear signs of dementia, substantially diminished mobility, or obviously impaired visual-spatial skills. Frankly, the idea of being on the road with As their attorney, I can suggest that they consider the liability they face if they cause a...

Every senior, every parent of a child with a disability, every advocate for seniors and every elder law attorney should stop today and say a prayer of gratitude for the life and advocacy of the man I've been proud to call my senator. He was the author of over 300 bills and the critical sponsor of...

Now here's good thinking — the head of a retirement community where I practice has started up a mutual assistance program for assisted living facilities and nursing homes. 170 Massachusetts facilities have signed on to help each other take in residents and share resources in the event of fire, pr...

Ouch…. For the first time in over 30 years, Social Security will NOT be giving retirees a cost-of-living increase (COLA) for 2010. Most beneficiaries will not see a change in their Medicare Part B premiums; however, for about one-quarter of all beneficiaries, Medicare Part B premiums — normally a...

The same folks who rammed the Schiavo legislation through in 2005 have tanked the proposal to have Medicare pay for a voluntary conversation about end-of-life options, now claiming that government shouldn't be involved in end-of-life decision making. Chuck Grassley, the ranking member of the Sena...

The text of H.R. 3200, section 1233 can be found here. We need to take the issue back from those who have hijacked it in order to torpedo health care reform. Many elder law attorneys have advanced directives tailored for Catholics, Christian Scientists, Orthodox Jews, etc., etc., which reflect a ...

Section 1233 of the House health care reform bill provides Medicare funding so doctors can be paid for a voluntary conversation with elders, who can be given “an explanation by the practitioner of the continuum of end-of-life services and supports available, including palliative care and hospice,...

The American Bar Association's Commission on Law on Aging reports that the Secretary of the US Department of Health and Human Services has sent a comprehensive report to Congress entitled “Advance Directives and Advance Care Planning.” The report, requested by Congress in 2006, focuses on (1) the...

I'm pleased to announce that on Tuesday, August 18 at 3PM, I will be a guest on Money Matters Radio, streaming live at http://www.moneymattersradio.net/ and on air in Eastern Massachusetts on WBNW AM 1120, WESO 970 and WPLM AM 1390.

Great post in one of the blogs at boston.com about an commonly-overlooked issue. A parent's ability to help their child with medical issues — like acting as an advocate in the event of an illness — ends when the child turns 18 unless the child has signed a health care proxy and HIPAA-compliant re...

Most readers know by now that Steve McNair, the former Tennessee Titans QB, was killed in a murder-suicide by a woman who was not his wife. McNair left no will. Hoo boy….Now his widow has mess that could make the Michael Jackson estate look like a piece of cake to administer by comparison. Durin...

Did you know that federal law protects your Social Security check from creditors — but only if you make an effort to protect it? Massachusetts bankruptcy guru Walter Oney alerted me to an important decision from the bankruptcy court [Carpenter v. Ries (In re Carpenter), 2009 Bankr. LEXIS 1776 (B....

Please check out the link to an interview with me by Sally Herigstad, CPA, a columnist at www.creditcards.com about the rights and responsibilities of surviving spouses concerning the debts of the deceased spouse. These responsibilities are dictated both by the terms of the contract and by assort...

Plenty of folks think that a will is just a form — you can buy a piece of software for less than $100, plug in names and addresses and — poof! — out comes a document that will take care of your loved ones after you're gone. I will be exploring why this kind of thinking is a gift to probate lawyer...

Every year, federal law requires nursing homes be inspected and graded on the standard of care they provide residents — cleanliness, record keeping, food, etc., etc. However, until last month, there were no grades for actually making a nursing home feel more like, well, a home. These new standard...