When Mary was appointed as guardian for her elderly mother with dementia in 2022, she focused entirely on ensuring her mother received proper medical care and managing her daily needs. What Margaret unintentionally neglected was that Massachusetts law required her to file annual reports with the Probate and Family Court detailing her mother’s condition, living...
When Margaret was appointed personal representative of her father’s estate in Massachusetts, she assumed she could simply list his home and sell it to pay debts and distribute assets to beneficiaries. After all, she had been granted “full powers” in her Letters of Authority. However, when she contacted her probate attorney, she learned that her...
When a loved one needs assistance managing their affairs, conservatorship may be necessary. However, many people don’t realize there are different types of conservatorships designed to address varying needs and situations. Two important options to understand are single transaction conservatorships and permanent conservatorships. What is a Conservatorship? A conservatorship is a legal arrangement where a...
Estate planning is crucial for everyone, but for members of the LGBTQ+ community, it carries additional significance and complexity. Despite important legal victories like marriage equality, many LGBTQ+ individuals and couples still face unique challenges when it comes to protecting their assets, healthcare decisions, and ensuring their wishes are respected. Why Estate Planning Is Particularly...
Guardianship and conservatorship involve removing fundamental rights from an individual—the right to make decisions about one’s own healthcare, living arrangements, and/or financial affairs. Courts do not take these petitions lightly and require substantial evidence that such intervention is necessary. What a Medical Certificate is When a client contacts us regarding a guardianship and/or conservatorship for...
We frequently receive calls from people looking to act on behalf of a family member or loved one who has lost capacity and is no longer able to manage decision making for themselves. When that person does not have an effective Health Care Proxy or Durable Power of Attorney in place, the next step is...
For many seniors living alone or who have lost their spouse or life partner, adding an adult child as a signer to your bank account seems like a good idea. You might be worried that if you become sick or unable to manage your own affairs that your bills will go unpaid and the thought...
Sometimes a crisis occurs before an estate plan has been completed. In this webinar, Nurse Attorney Cathleen Summers discusses the options that may be available to help you or your loved one manage the crisis. Introduction 0:35 – The first step 2:45 – What can be done: Pre-Planning documents is preferred 3:05 – Power of Attorney,...
The call came into my husband’s cell phone as we were sitting down for his 50th birthday dinner: “Your father has fallen and requires emergency surgery.” Since Bob had dementia and didn’t have family in the area, the doctors immediately looked to contact his health care proxy. Fortunately, years before the dementia set in, Bob...
While we all hope for a happy and prosperous new year, scammers aren’t so generous of spirit. With the start of the new decade and new year, many of us commonly abbreviate the year 2020 as simply ’20. In the past, using an abbreviation for the year didn’t matter as much. Now, it could cause...
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