ARTICLES

Single Transaction Conservatorship vs. Permanent Conservatorship: Understanding Your Options

Single Transaction Conservatorship vs. Permanent Conservatorship: Understanding Your Options

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...
Testamentary Supplemental Needs Trusts: Concept and Value in Estate Planning

Testamentary Supplemental Needs Trusts: Concept and Value in Estate Planning

The Concept A testamentary supplemental needs trust (SNT) is a specialized legal arrangement created within a person’s will that takes effect after they pass away. Unlike standard trusts, these are specifically designed for beneficiaries with disabilities or special needs who rely on government assistance programs like Medicaid or Supplemental Security Income (SSI). The fundamental concept...
What to Do After You Sign Your Revocable Living Trust

What to Do After You Sign Your Revocable Living Trust

You just met with your lawyer and signed your living trust. Good job! But your work is not done yet. Unlike a Will which, after it is signed, can be stored away until needed, there are several important steps you need to take next with your trust. Think of signing the trust like buying a...
Removing a Mass Estate Tax Lien to Sell Your Home

Removing a Mass Estate Tax Lien to Sell Your Home

Did you know that when someone dies owning a home in Massachusetts, the Commonwealth of Massachusetts puts an Estate Tax lien on that home?  What is an Estate Tax Lien? A lien is a legal claim that says “you need to pay us before you can sell this house.” The Massachusetts Estate Tax lien arises...
Protecting Your Home from a Massachusetts Medicaid Lien

Protecting Your Home from a Massachusetts Medicaid Lien

For many Massachusetts residents, their home represents their most valuable asset and a legacy they hope to pass on to future generations. However, when applying for Massachusetts’ Medicaid program (MassHealth) to cover long-term care costs, many are surprised to learn that their home may be at risk due to a potential MassHealth’s lien or estate...
The Significance of Estate Planning in the LGBTQIA+ Community

The Significance of Estate Planning in the LGBTQIA+ Community

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...
Health Care Proxy vs. HIPAA Authorization

Health Care Proxy vs. HIPAA Authorization

When preparing an estate plan, we recommend that clients execute both a Health Care Proxy and an Authorization for Release of Protected Health Information (a “HIPAA Authorization”). While there is some overlap between the two, it is important to understand the purpose of each document and how and when they can be used. Example Joan...
The Role of Medical Certificates in Guardianship and Conservatorship Petitions

The Role of Medical Certificates in Guardianship and Conservatorship Petitions

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...
How to Talk to Your Children About Health Care Decisions

“Can’t we talk about something more pleasant?” This is so often the response that we get when we try to speak with our loved ones about health care and end-of-life decision making. These conversations often make everyone uncomfortable, because it is dealing with issues and decisions that we often times don’t want to face or...

State-Sponsored Programs to Assist Seniors in Massachusetts

Recently, the Massachusetts Executive Office of Elder Affairs shared information about some state-sponsored programs that might be of interest to seniors.   They include the following: 1. Home Modification and Loan Program – offered by the Massachusetts Rehabilitation Commission (MRC) and provides 0% to 3% loans (up to $30,000) to help Massachusetts homeowners make modifications that...