Typical Profile of Our Clientele
Most of our clients want more than simple estate planning. The typical age of our client is someone over the age of 55, although some clients (usually below the age of 55) come to us for just that, simple estate planning. Most clients of Elder & Disability Law Advocates are focused on gaining access to government benefits and other assistance, planning that will assist them in securing independence and maintaining their accustomed standard of living, addressing competency and other Probate issues in Probate Court, or to gain our expertise in providing litigation services. The typical profile of an Elder & Disability Law Advocates client is an aged individual, an individual of any age with disabilities, or their loved ones. The types of matters they want assistance with is:
1. Comprehensive or Basic Estate Planning: To address anticipated, future personal needs, and provide current, effective surrogate decision making documents so they can avoid unnecessary pain and suffering if they fall ill, provide for financial decision making in the event they become unable to do so themselves, and either avoid Probate or provide a testamentary document that guides estate administration upon their demise;
2. Petitions to the Probate Court: When there are no appropriate estate planning documents in place and the client needs the appointment of a Guardian or Conservator to address issues of incapacity or financial exploitation. Also, many clients ask for help in Estate Administration, or other Probate matters;
3. MassHealth: Seeking our expertise and assistance when applying for, or appealing, a determination of eligibility to Medicaid (MassHealth); and/or,
4. Civil Litigation: Requests for judicial intervention to decide a dispute that cannot be resolved outside the courtroom.
Our Practice and Clientele
1
Estate, Medicaid and Asset Protection Planning: Estate planning is critical to asset protection. Plan for the future and enjoy numerous benefits, including peace of mind knowing that your loved ones are well protected under any circumstances. Estate planning typically occurs in two phases during life:
Phase I – (average age of client: 25-55) – Elder & Disability Law Advocates recommends that clients undergo estate planning when they first own property with another individual, get married, or have a child. At this time, it is important that all adults set up at least a basic estate plan, i.e., Health Care Proxy, Power of Attorney and Last Will & Testament. As an individual ages, or their life circumstance becomes more complicated, a Trust based estate plan may be desired.
Phase II – (average age of client: 55-75) – Elder & Disability Law Advocates recommends that seniors undergo a review of their existing estate planning documents ahead of the current five year look-back. There are distinctions between Estate Planning and Medicaid Planning that are critical to the protection of your assets. Establishing an Irrevocable Trust, or some other Asset Protection Planning is becoming increasingly more necessary to protect assets. Therefore, the complex and ever-changing rules of MassHealth play an increasingly important role with respect to traditional estate planning concerns; having a thorough knowledge of elder law is critical for a truly comprehensive estate planning evaluation and plan. And, because circumstances change as one passes through life’s stages, your estate plan should be updated periodically to reflect these changes.
Many people hold to the mistaken belief that they are too young or don’t have enough money to reap the benefits of an estate plans. However, by failing to execute a basic estate plan when you are legally competent to do so, you may be ensuring that your loves ones have no alternative but to petition the probate court for authority to act on your behalf. By executing at least a basic estate plan, you can provide for such things as Loss of Capacity, Avoidance of Probate and/or Avoiding Long-Term Care Costs. As you can see, financial considerations are not the sole issues to consider when planning for the future.
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Estate and Probate Administration: Elder & Disability Law Advocates handles all types of cases in probate court:
Probate of a Will – When someone passes away with an asset owned in their name alone, Elder & Disability Law Advocates can “probate” the will. Upon acceptance of the will by probate, a decree will be ordered to the Personal Representative (also known as an “Executor”) which allows access to the asset, permitting distribution pursuant to the terms of the will. There are basically three kinds of probate: Voluntary, Informal and Formal.
Petitions for Guardianship/Conservatorship – When individuals fail to establish power-of-attorney and health care proxy and later become mentally unable to execute documents, Elder & Disability Law Advocates can assist with petitioning the court to appoint a guardian or conservator, and all reporting requirements thereafter.
Trust Administration: The administration of a trust is NOT usually a court-supervised process. Its ultimate goal is usually the transfer of property from an individual who has died (the “decedent”) to that individual’s beneficiaries, as identified in the document governing the trust. The advantages of a trust administration over a probate proceeding include a quicker distribution of the property to beneficiaries, its private nature due to no the fact that court supervision of the process is normally not required, and, the fact that it is usually a less expensive manner of distributing property to beneficiaries. Most trusts do not need court supervision and never come before a judge. In fact, one of the primary reasons for having a trust is to avoid court. However, there are occasions when judicial intervention is necessary. Some of the more common trust proceedings include requests that the court order the termination an irrevocable trust, a dispute over an accounting, and claims that the trustee has violated the trustee’s duties or the terms of the trust.
While Elder & Disability Law Advocates is well equipped to assist with probate court cases, we recommend taking steps early to avoid this process. Contact Elder & Disability Law Advocates today to proactively establish properly drafted trusts, power-of-attorney, and health care proxy in order to avoid the often costly probate court process.
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MassHealth: Despite limited financial resources, most elderly nursing home residents rely on private resources in part or in full to pay the costs of nursing home care. What happens when you run out of money?
MassHealth (Medicaid) is a “needs based program” that provides health coverage if you meet the eligibility requirements set forth by the legislature. To participate in the MassHealth program, an application must be submitted, supported by verifications, that substantiates the applicant’s eligibility. Clients come to Elder & Disability Law Advocates at varying stages of their MassHealth application, appeal or re-verification process. We have expertise and experience dealing with MassHealth in every phase of the MassHealth process, including administrative appeals, and if necessary, judicial review of those administrative proceedings. Because of the litigious nature of MassHealth, it is strongly recommended that assistance be secured at the beginning of the application process.
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Courtroom Advocacy: Some client matters cannot be resolved outside of the courtroom. Some clients need to Probate an Estate, some are dealing with Protective Proceedings, including situations that involve abuse, financial exploitation or neglect.
Others need judicial intervention to resolve disputes regarding the administration of trusts. Some of the more common trust proceedings include requests that the court order the termination an irrevocable trust, resolve a dispute over a trust accounting, or address claims that the trustee has violated the trustee’s duties or terms of the trust. Some clients desire a judicial review of their MassHealth Hearing Decision. Others need expertise in responding to a nursing home complaint for costs while the MassHealth process drags on. Whatever the occasion that requires judicial intervention, we can help you take steps to protect yourself or your loved one. Elder & Disability Law Advocates has the trial experience you need.
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“As an Elder Law Attorney, and former recipient of MassHealth, I know how important it is to seniors, and persons with disabilities, that they be able to stay in their home for as long as possible. Proper planning is an essential step towards that goal.”
Nicholas G. Kaltsas