Elder and Disability Law in Massachusetts

Sound estate planning guidance

Product Number: 1910261B00
Publication Date: 9/14/2023
Edition: 1st Edition 2023
Copyright: © 2023 MCLE, Inc.
Add to Favorites List

Elder and Disability Law in Massachusetts

Sound estate planning guidance

Choose Format:

Print Book 932 pages in 1 volume with downloadable forms Note: For print books, with MCLE's automatic update service, book revisions are mailed automatically with an invoice. If you do not want to subscribe to updates, please check the opt out option during checkout.

eBook 1478 pages in PDF format

Add to Cart

Also Available:

eArticles

See Table of Contents below to purchase individual chapters from this book. Your purchase includes the chapter's exhibits (if any). Pricing varies by page count. Member and new lawyer pricing available. Free for OnlinePass subscribers.

eChecklists and eForms

See Table of contents below to purchase individual checklists and forms from this book. Pricing varies by exhibit type. Member and new lawyer pricing available. Free for OnlinePass subscribers.

Product Description
Product Description

The forty-four chapters of this comprehensive manual are organized into five parts, addressing planning for incapacity, public benefits and employment, special issues for disabled children and adults, aging in place, and care in a skilled nursing facility. Hundreds of insights, from Massachusetts' most experienced practitioners, bring clarity to complex procedures and guide readers through the topics that are pertinent to elders and persons with disabilities—both adults and children. The book expands and updates the MCLE classic, Estate Planning for the Aging and Incapacitated Client in Massachusetts , while adding new chapters on subjects such as undue influence, special needs trusts, and ethics. A series of MassHealth chapters addresses information on protecting the family home and community spouse, transferring resources, reducing excess assets, and creating trusts. The book tackles tax and insurance issues, housing choices, the financing of services, both private and public, the intricacies of long-term care, and the myriad concerns surrounding the needs of persons with disabilities, to name just a few of the topics. Forty-seven experts wrote the book, and a cadre of nine MassNAELA members joined chief editor Brian E. Barreira to ensure currency, relevance, and highly practical value.

Recent updates:
- Update: September 2023
  Dear Subscriber,
  
  This first edition of Elder and Disability Law in Massachusetts continues the tradition of Estate Planning for the Aging and Incapacitated Client in Massachusetts . This book updates and expands on topics covered in its predecessor publication, while adding new chapters of particular interest to estate planning for both elders and persons with disabilities. Inside, you will find coverage of thousands of practical tips and insightful analyses on case decisions, statutes, regulations, and other authoritative sources pertinent to elder and disability planning, including current material on the following subjects:
  - Undue influence. Chapter 5 addresses the lawyer's duties in representing a client who is experiencing improper or undue influence that puts them at risk, whether the means be physical force, duress, threats, or other forces. Practical insights are offered on how to prevent, ameliorate, or litigate undue influence.
  - Ethics issues in representing elders. See chapter 6 for caveats related to stereotyping elderly clients, navigating the family relationship, and handling joint representation. Discussion includes diminished capacity and the attorney's duties of loyalty and confidentiality, the retention and discharge of counsel, proceedings against nonclients, and aspects of the power of attorney role.
  - Special needs trusts and ABLE accounts. Chapter 39 begins with a review of self-settled trusts generally, then goes on to describe the elements of self-settled and third-party special needs trusts. It discusses trust protector provisions and concludes with a discussion of VA benefits and ABLE Accounts.
  - Trusts in the MassHealth context. Chapter 38 addresses the role of trusts in estate planning where an objective is to preserve eligibility for MassHealth benefits. Background is provided on OBRA '93 legislation and how Massachusetts has interpreted the law. Particulars of trusts established for disabled individuals and those established with transferred assets are discussed.
  - Tax considerations regarding trusts. Among the topics covered in chapter 40 are income tax planning for Medicaid trusts and estate and gift tax planning for such trusts, taxation of testamentary trusts, taxation of trusts established by the beneficiaries of gifts, and the treatment of pretax retirement accounts.
  - Property tax relief. Chapter 38 addresses real estate tax exemptions, abatements, and deferrals for older persons, their spouses, minor children, veterans, blind persons, and those experiencing hardship.
  - Resource planning for MassHealth coverage. This expansive topic is addressed in detail in chapter 34 (Protecting the Community Spouse), chapter 35 (Reducing Excess Assets), chapter 36 (Transfers of Resources), and chapter 37 (Protecting the Home).
  We at MCLE trust that you will find this new edition useful in your estate planning practice and valuable in keeping your law library current.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 01 expand

Planning for Incapacity
Buy Chapter
Susan K. McClements, Esq.,

Exhibit 1A
- Language Defining Incapacity Buy Form

Exhibit 1B
- Special Clauses for Durable Power of Attorney Buy Form

Exhibit 1C
- Escrow Agreement Buy Form

Exhibit 1D
- Durable General Power of Attorney Buy Form

Exhibit 1E
- Affidavit Regarding Power of Attorney (REBA Form 1) Buy Form

Exhibit 1F
- Sample Health-Care Proxy Buy Form

Exhibit 1G
- HIPAA Release Form Buy Form

Chapter 02 expand

Tax Ramifications of the Power to Make Gifts
Buy Chapter
Carol C. Klyman, Esq., Shatz, Schwartz, and Fentin, PC
Stephen L. Sobey, Esq., Shatz, Schwartz, and Fentin, PC

Chapter 03 expand

Estate Planning for Retirement Benefits
Buy Chapter
Karen B. Johnson, Esq., Madge & Johnson, PC

Exhibit 1H
- Additional Resources Buy Form

Exhibit 3A
- Uniform Lifetime Table (Treas. Reg. § 1.401(a)(9)-9, A-2) Buy Form

Exhibit 3B
- Sample Basic Beneficiary Designation Buy Form

Exhibit 3C
- Single Life Table (Treas. Reg. § 1.401(a)(9)-9) Buy Form

Exhibit 3D
- Distribution Period Buy Form

Chapter 04 expand

Guardianships and Conservatorships
Buy Chapter
Rachel Deering, Verrill Dana LLP

Checklist 4.1
- Checklist of Court-Required Duties as a Conservator Buy Form

Checklist 4.2
- Checklist of Court-Required Duties as a Guardian of Incapacitated Persons Buy Form

Exhibit 4A
- Guardianship Petition, Form MPC 120 Buy Form

Exhibit 4B
- Conservatorship Petition, Form MPC 130 Buy Form

Exhibit 4C
- Medical Certificate, Form MPC 400 Buy Form

Exhibit 4D
- Medical Certificate Affidavit, Form MPC 403 Buy Form

Exhibit 4E
- Notice of Hearing, Form MPC 504 Buy Form

Exhibit 4F
- Certificate of Service, Form MPC 500 Buy Form

Exhibit 4G
- Bond, Form MPC 801 Buy Form

Exhibit 4H
- Verified Motion for Appointment of Temporary Guardian, Form MPC 320 Buy Form

Exhibit 4I
- Sample Decree and Order of Appointment of a Guardian, Form MPC 740 Buy Form

Exhibit 4J
- Guardian’s Personal Care Plan/Report, Form MPC 821 Buy Form

Exhibit 4K
- Sample Conservator’s Financial Plan, Form MPC 831 Buy Form

Exhibit 4L
- Instructions for Completing Conservator’s Inventory, Form MPC 934 Buy Form

Exhibit 4M
- Combined Account, Form MPC 853 Buy Form

Exhibit 4N
- Simplified Accounting Guidelines for Estate and Conservator Accounts, Form MPC 904 Buy Form

Exhibit 4O
- Petition to Expand/Modify/Limit the Powers of a Guardian, Form MPC 220 Buy Form

Exhibit 4P
- Petition to Expand/Modify/Limit the Powers of a Conservator, Form MPC 230 Buy Form

Exhibit 4Q
- Petition for Termination of a Guardianship and/or Conservatorship, Form MPC 203 Buy Form

Exhibit 4R
- Petition for Resignation of a Guardian and/or Conservator, Form MPC 202 Buy Form

Exhibit 4S
- Petition for Removal of a Guardian, Form MPC 221 Buy Form

Exhibit 4T
- Petition for Removal of a Conservator, Form MPC 231 Buy Form

Exhibit 4U
- Instructions for Completion of Notice of Intent to Admit to a Nursing Facility for Short Term Services, Form MPC 955 Buy Form

Exhibit 4V
- Notice of Right to Counsel, Form MPC 592 Buy Form

Exhibit 4W
- Application for Appointment of Counsel for Parent of Minor Child, Form MPC 263 Buy Form

Exhibit 4X
- Order Appointing Counsel for Parent of Minor Child, Form MPC 603 Buy Form

Exhibit 4Y
- Petition for Appointment of Guardian of Minor, Form MPC 140 Buy Form

Chapter 05 expand

Undue Influence
Buy Chapter
Darian M. Butcher, Esq., Butcher Law LLC
Patricia Keane Martin, Esq., Prince Lobel Tye LLP

Chapter 06 expand

Ethics Issues in Elder Law
Buy Chapter
Robert M. Daniszewski, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers

Chapter 07 expand

Medicare Coverage and Major Medicare-Related Coverage Options for Elders and Persons with Disabilities
Buy Chapter
Andrew L. Bardetti, Esq., South Coastal Counties Legal Services/Hyannis
Rachel S. Brown, Esq., Community Legal Aid
Mary McGinley, Esq., Greater Boston Legal Services

Exhibit 7A
- Advance Beneficiary Notice Buy Form

Exhibit 7B
- Notice of Exclusions from Medicare Benefits Skilled Nursing Facility Buy Form

Exhibit 7C
- Medicare Outpatient Observation Notice Buy Form

Exhibit 7D
- Form for Hospice Information for Medicare Part D Plans Buy Form

Exhibit 7E
- Notice of Denial of Medicare Prescription Drug Coverage Buy Form

Exhibit 7F
- Medicare Part D Coverage Determination Request Form Buy Form

Chapter 08 expand

Medicare Supplement Insurance (Medigap) and Medicare Part C Managed Care Plans (Medicare Advantage)
Buy Chapter
Judith M. Flynn, Esq., Falco & Associates

Exhibit 8A
- Resources Buy Form

Exhibit 8B
- 211 C.M.R. § 71.90: Appendix A Medicare Supplement Core Buy Form

Exhibit 8C
- 211 C.M.R. § 71.91: Appendix B Medicare Supplement 1 Buy Form

Exhibit 8D
- 211 C.M.R. § 71.92: Appendix C Medicare Supplement 2 Buy Form

Chapter 09 expand

Social Security
Buy Chapter
Svetlana Uimenkova, Esq., Disability Law Center, Inc.

Exhibit 9A
- Cross-Reference Table Buy Form

Chapter 10 expand

Supplemental Security Income
Buy Chapter
Linda L. Landry, Esq., Disability Law Center, Inc.
Neal A. Winston, Esq., Mulvena Winston, PC

Exhibit 10A
- 2023 SSI Payment Levels in Massachusetts Buy Form

Exhibit 10B
- SSI Resource Limits as of 2023 Buy Form

Exhibit 10C
- SSI Benefit Calculation Worksheet—2023 Buy Form

Exhibit 10D
- Spouse-to-Spouse Deeming—2023 Buy Form

Exhibit 10E
- Parent-to-Child Deeming Worksheet—2023 Buy Form

Exhibit 10F
- Sponsor-to-Alien Deeming—2023 Buy Form

Exhibit 10G
- Financial Documentation for SSI Application Buy Form

Exhibit 10H
- Administrative Appeals/Levels of Review Buy Form

Exhibit 10I
- Guide for Medical Providers Submitting Evidence in SSI Disability Claims Buy Form

Exhibit 10J
- Sequential Evaluation Analysis for Adults to Determine SSI/Disability Buy Form

Exhibit 10K
- The Sequential Evaluation of Disability for Children (20 C.F.R. § 416.924(b)–(f)) Buy Form

Exhibit 10L
- Massachusetts Legal Services Offices Buy Form

Chapter 11 expand

Publicly Assisted Housing
Buy Chapter
Betsey E. Crimmins, Esq., Mass Home Care Association

Chapter 12 expand

Massachusetts Public Employee Retirement Systems
Buy Chapter
Matthew L. Feeney, Esq., Norfolk County Retirement System
Katherine A. Hesse, Esq., Murphy, Hesse, Toomey & Lehane LLP

Chapter 13 expand

Age Discrimination in Employment
Buy Chapter
Robert S. Mantell, Esq., Law Office of Robert S. Mantell
Sean P. O'Connor, Esq., Morgan, Brown & Joy LLP

Checklist 13.1
- Age Discrimination Strategy Checklist for Defense Attorneys Buy Form

Chapter 14 expand

Planning for the Incapacitated Child
Buy Chapter
Carol C. Klyman, Esq., Shatz, Schwartz, and Fentin, PC
Stephen L. Sobey, Esq., Shatz, Schwartz, and Fentin, PC

Exhibit 14A
- Testamentary Appointment Buy Form

Exhibit 14B
- Memorandum of Instructions Buy Form

Exhibit 14C
- Trust Provisions for Persons with Severe Disabilities Buy Form

Exhibit 14D
- Permissible Expenditures by the Trustee of a Special Needs Trust Buy Form

Exhibit 14E
- Trust Termination Provision Buy Form

Exhibit 14F
- Trustee Amendment Provision Buy Form

Exhibit 14G
- Pooled Trusts in Massachusetts Buy Form

Exhibit 14H
- Principles of Long-Term Planning Buy Form

Exhibit 14I
- Sample Memorandum of Instructions to the Trustee Buy Form

Chapter 15 expand

Special Planning Situations: Aging Parents of Children with Disabilities and Issues Pertaining to Marital Rights
Buy Chapter
Annette M. Hines, Esq., Special Needs Law Group of Massachusetts, PC
Mark W. Worthington, Esq., Special Needs Law Group of Massachusetts, PC

Chapter 16 expand

Disabled Individuals Receiving Settlements, Inheritances, and Other Lump Sums or Income Streams
Buy Chapter
Annette M. Hines, Esq., Special Needs Law Group of Massachusetts, PC
Mark W. Worthington, Esq., Special Needs Law Group of Massachusetts, PC

Exhibit 16A
- Sample Petition to Expand Authority Buy Form

Exhibit 16B
- Sample Petition for Single-Transaction Conservator Buy Form

Chapter 17 expand

Special Education
Buy Chapter

Exhibit 17A
- Reference Materials Buy Form

Exhibit 17B
- Resources Buy Form

Exhibit 17C
- Administrative Advisory SPED 2001-3: Guidance on Using a Sliding Fee Scale for Public Payment of Independent Education Evaluations (IEEs) in Special Education (Updated June 2014) Buy Form

Exhibit 17D
- Coronavirus (COVID-19) Special Education Technical Assistance Advisory 2021-1: COVID-19 Compensatory Services and Recovery Support for Students with IEPs Buy Form

Chapter 18 expand

Long-Term Care at Home: Employing Caregivers
Buy Chapter
Natalie A. Simon, Esq., Law Office of Natalie A Simon
Kier Wachterhauser, Esq., Murphy, Hesse, Toomey & Lehane LLP

Exhibit 18A
- Notice of Rights of Domestic Workers Buy Form

Exhibit 18B
- Model Domestic Worker Employment Agreement Buy Form

Exhibit 18C
- Sample Work Evaluation Buy Form

Exhibit 18D
- Useful Publications Buy Form

Chapter 19 expand

Protecting Elders from Abuse and Neglect
Buy Chapter
Michelle T. Sikes, Esq., Sikes & Edwards, P.C.

Exhibit 19A
- Protective Services Agencies Buy Form

Exhibit 19B
- 651 C.M.R. § 5.02—Definitions Buy Form

Exhibit 19C
- Petition for Ex Parte and Emergency Order of Protective Services Buy Form

Exhibit 19D
- Emergency Protective Order Buy Form

Chapter 20 expand

Housing Options
Buy Chapter
Amy L. McIntyre,
Lisa M. Neeley, Esq., Rubin and Rudman LLP

Chapter 21 expand

Property Tax Relief for Seniors and Others
Buy Chapter
E. Alexandra Golden, Esq., Golden Law Center

Exhibit 21A
- Application for Statutory Exemption Buy Form

Exhibit 21B
- Tax Deferral and Recovery Agreement Buy Form

Exhibit 21C
- Massachusetts Real Estate Tax Exemptions and Deferrals Under G.L. c. 59, § 5 Buy Form

Exhibit 21D
- 2022 MDOR Schedule CB Buy Form

Chapter 22 expand

Homestead Protection
Buy Chapter
Marc G. Perlin, Esq.,

Exhibit 22A
- REBA Form 18, Election of Tenants by the Entirety Buy Form

Exhibit 22B
- REBA Form 16, Declaration of Homestead, G.L. c. 188, § 3 (For Homes Owned by Natural Persons) Buy Form

Exhibit 22C
- REBA Form 16A, Declaration of Homestead, G.L. c. 188, § 3 (For Homes Owned by Trustee(s)) Buy Form

Exhibit 22D
- REBA Form 16B, Declaration of Elderly or Disabled Homestead, G.L. c. 188, § 2 (For Homes Owned by Natural Person(s)) Buy Form

Exhibit 22E
- REBA Form 16C, Declaration of Elderly or Disabled Homestead, G.L. c. 188, § 2 (For Homes Owned by Trustee(s)) Buy Form

Exhibit 22F
- REBA Form 16D, Affidavit Relative to Homestead Pursuant to G.L. c. 188, § 13 Buy Form

Exhibit 22G
- REBA Form 17, Disclosure Concerning the Massachusetts Homestead Act, G.L. c. 188, § 14 Buy Form

Exhibit 22H
- Massachusetts Secretary of State’s Questions and Answers on the Homestead Act Buy Form

Chapter 23 expand

Financing Rest Home Services
Buy Chapter
Linda L. Landry, Esq., Disability Law Center, Inc.

Exhibit 23A
- Executive Office of Health and Human Services Residential Care Facility Rates Effective: 12/1/22 and 1/1/23 Buy Form

Chapter 24 expand

Long-Term Care Insurance
Buy Chapter
Tobe L. Gerard, Tobe Gerard Insurance LLC

Exhibit 24A
- Notice Regarding LTCI Policies Qualifying Insureds for Certain MassHealth Exemptions Buy Form

Exhibit 24B
- Sources Buy Form

Exhibit 24C
- Corporation for Long-Term Care (CLTC) 2020 Tax Summary Buy Form

Chapter 25 expand

Avoiding Nursing Home Placement: Community Long-Term Care Options
Buy Chapter
Deborah L. Fins, LICSW, CMC,
Kate Granigan, MSW, LICSW, C-ASWCM, LifeCare Advocates LLC

Exhibit 25A
- Cost of Long-Term Care Services Buy Form

Exhibit 25B
- Typical Private Home Care Costs Buy Form

Exhibit 25C
- Community Long-Term Care Resources Buy Form

Chapter 26 expand

MassHealth Options for Individuals Living in the Community
Buy Chapter
Laura Silver Traiger, Esq., Starr Traiger, LLP

Exhibit 26A
- 130 C.M.R. § 450.105 Buy Form

Exhibit 26B
- Senior Guide to Health Care Coverage for Individuals Who Are Sixty-Five and Older or Those Needing Long-Term Care Services Buy Form

Exhibit 26C
- Member Booklet for Those Under Sixty-Five Buy Form

Exhibit 26D
- Massachusetts Elder Service Plan PACE Sites Buy Form

Chapter 27 expand

Nationwide Reverse Mortgage Programs
Buy Chapter
Stephen R. Pepe, Esq., Longbridge Financial, LLC

Exhibit 27A
- Approved Reverse Mortgage Programs and Lenders Buy Form

Exhibit 27B
- Reverse Mortgage Counseling Programs Buy Form

Chapter 28 expand

Assisted Living: Services, Regulations, and Financing
Buy Chapter
Paula K. Almgren, Esq., Berkshire Law Group
Kristina Z. Kisiel, Esq., Berkshire Law Group

Exhibit 28A
- EOEA ALR Aggregate Data Buy Form

Exhibit 28B
- List of Massachusetts ALR Alphabetical as of 11/29/22 Buy Form

Exhibit 28C
- List of Massachusetts ALR by Location as of 10/06/22 Buy Form

Exhibit 28D
- EOEA ALR in Massachusetts: A Consumer Guide Buy Form

Exhibit 28E
- MassNAELA Say No to Arbitration Buy Form

Exhibit 28F
- Genworth Cost of Care in Massachusetts Buy Form

Exhibit 28G
- SSI-G Payment Levels 2023 Buy Form

Chapter 29 expand

Continuing Care Retirement Communities and Assisted Living Communities
Buy Chapter
Michael A. Hickey, Esq., Goulston & Storrs, PC
Carly Perkins, Goulston & Storrs, PC

Chapter 30 expand

The Rights of Long-Term Care Residents in Massachusetts: Nursing Homes, Assisted Living Facilities, and Continuing Care Retirement Communities
Buy Chapter
Rebecca J. Benson, Esq., City of Somerville Health Department
John J. Ford, Esq., Northeast Justice Center

Exhibit 30A
- Model Nursing Facility Admission Agreement Buy Form

Exhibit 30B
- Demand for Relief Under G.L. c. 93A Buy Form

Exhibit 30C
- Resources Buy Form

Chapter 31 expand

Selecting a Nursing Home
Buy Chapter
John J. Ford, Esq., Northeast Justice Center

Checklist 31.1
- Checklist for Placing a Resident in an Alzheimer’s-Specific Unit Buy Form

Chapter 32 expand

Financing Nursing Home Services
Buy Chapter
John J. Ford, Esq., Northeast Justice Center

Chapter 33 expand

Tax Deductions for Medical and Nursing Home Expenses
Buy Chapter
Carol C. Klyman, Esq., Shatz, Schwartz, and Fentin, PC
Stephen L. Sobey, Esq., Shatz, Schwartz, and Fentin, PC

Exhibit 33A
- General Counsel Memorandum 34561 Buy Form

Exhibit 33B
- IRS Form 2120 Buy Form

Exhibit 33C
- Sample Multiple Support Agreement Buy Form

Chapter 34 expand

Resource Planning for MassHealth Coverage: Protecting the Community Spouse
Buy Chapter
Judith M. Flynn, Esq., Falco & Associates

Exhibit 34A
- HCFA Reed Letter Dated June 29, 1999 Buy Form

Chapter 35 expand

Resource Planning for MassHealth Coverage: Reducing Excess Assets
Buy Chapter
Gina M. Barry, Esq., Bacon Wilson, PC
Hyman G. Darling, Esq., Bacon Wilson, PC
Judith M. Flynn, Esq., Falco & Associates

Chapter 36 expand

Resource Planning for MassHealth Coverage: Transfers of Resources
Buy Chapter
Gina M. Barry, Esq., Bacon Wilson, PC
Hyman G. Darling, Esq., Bacon Wilson, PC
Judith M. Flynn, Esq., Falco & Associates

Exhibit 36A
- Changes to the Federal Medicaid Laws Buy Form

Exhibit 36B
- HCFA Streimer Letter Buy Form

Exhibit 36C
- Eligibility Operations Memoranda Buy Form

Exhibit 36D
- Correspondence Regarding OBRA ’93 Special Needs Trusts Buy Form

Exhibit 36E
- Centers for Medicare and Medicaid Services (CMS) October 28, 2010 Interpretive Guidance re: Partial Returns Buy Form

Chapter 37 expand

Resource Planning for MassHealth Coverage: Protecting the Home
Buy Chapter
Gina M. Barry, Esq., Bacon Wilson, PC
Hyman G. Darling, Esq., Bacon Wilson, PC

Exhibit 37A
- DSS Tarantino Letter Dated January 22, 1996 Buy Form

Exhibit 37B
- HCFA Preston Letter Dated April 5, 2000 Buy Form

Exhibit 37C
- Eligibility Operations Memo 23-12 Buy Form

Exhibit 37D
- Social Security Administration Life Estate and Remainder Interest Table Buy Form

Exhibit 37E
- Eligibility Operations Memo 19-12 Buy Form

Exhibit 37F
- Eligibility Operations Memo 20-16 Buy Form

Exhibit 37G
- Guidance on Implementation of the DRA Buy Form

Chapter 38 expand

Trusts in the MassHealth Context
Buy Chapter
Brian E. Barreira, Esq., Law Offices of Brian E. Barreira

Exhibit 38A
- HCFA Streimer Letter Buy Form

Exhibit 38B
- Legal Review Form for Trusts Buy Form

Chapter 39 expand

Special Needs Trusts and ABLE Accounts
Buy Chapter
Peter M. Macy, Esq., Guardian Community Trust, Inc.

Exhibit 39A
- Summary of Statutory SNT Criteria Buy Form

Exhibit 39B
- Pooled Trusts in Massachusetts Buy Form

Exhibit 39C
- Legal Citations for the Practitioner Buy Form

Chapter 40 expand

Tax Considerations Regarding Trusts
Buy Chapter
Brian E. Barreira, Esq., Law Offices of Brian E. Barreira
Lucy J. Budman, Esq., Curley Law Firm LLP

Chapter 41 expand

Tax Consequences of Owning and Transferring the Primary Residence
Buy Chapter
Carol C. Klyman, Esq., Shatz, Schwartz, and Fentin, PC
Stephen L. Sobey, Esq., Shatz, Schwartz, and Fentin, PC

Exhibit 41A
- Posteligibility Transfer by Community Spouse Buy Form

Exhibit 41B
- May 28, 2004, Correspondence Regarding Application of Medicaid Laws to Annuities and Spousal Impoverishment Provisions Buy Form

Chapter 42 expand

Marital Status, Alimony, and Child Support: Impact on MassHealth and SSI
Buy Chapter
Hyman G. Darling, Esq., Bacon Wilson, PC

Exhibit 42A
- DMA Memorandum Regarding Premarital Agreement Buy Form

Exhibit 42B
- MassHealth Eligibility Operations Memo 23-15 Buy Form

Chapter 43 expand

Practice and Procedure Under the MassHealth System
Buy Chapter
Lisa M. Neeley, Esq., Rubin and Rudman LLP

Exhibit 43A
- MassHealth Enrollment Centers Buy Form

Chapter 44 expand

MassHealth Estate Recovery
Buy Chapter
Timothy R. Loff, Esq., Law Offices of Timothy R. Loff

Exhibit 44A
- HCFA Technical Advisory on Medicaid Estate Recoveries Buy Form

Exhibit 44B
- MassHealth Estate Recovery Hardship Waiver Request Form Buy Form

Exhibit 44C
- Letter from MassHealth Dated June 24, 2013, Regarding Changes to Massachusetts’ Long-Term Care Insurance Exemption from Estate Recovery Buy Form

Exhibit 44D
- HCFA (Boston Office) Letter Dated May 25, 1995, Regarding Massachusetts’ Long-Term Care Insurance Exemption from Estate Recovery Buy Form
Editors & Authors

Editor(s)

Paula K. Almgren, Esq., Berkshire Law Group, Lenox

Brian E. Barreira, Esq., Law Offices of Brian E. Barreira, Plymouth

Gina M. Barry, Esq., Bacon Wilson, PC, Springfield

Hyman G. Darling, Esq., Bacon Wilson, PC, Springfield

Judith M. Flynn, Esq., Falco & Associates, Quincy

Annette M. Hines, Esq., Special Needs Law Group of Massachusetts, PC, Framingham

Margaret A. Hoag, Esq., Eckel, Hoag & O'Connor, Acton

Kimberly L. Kelly, Esq., Law Office of Kimberly Kelly, Stoneham

Erin McBee, Esq., Law Office of Erin McBee, PLLC, Harvard

Elizabeth V. Newton, Esq., Mirick, O'Connell, DeMallie & Lougee LLP, Worcester

Author(s)

Paula K. Almgren, Esq., Berkshire Law Group, Lenox

Andrew L. Bardetti, Esq., South Coastal Counties Legal Services/Hyannis, Hyannis

Brian E. Barreira, Esq., Law Offices of Brian E. Barreira, Plymouth

Gina M. Barry, Esq., Bacon Wilson, PC, Springfield

Rebecca J. Benson, Esq., City of Somerville Health Department, Somerville

Rachel S. Brown, Esq., Community Legal Aid, Worcester

Lucy J. Budman, Esq., Curley Law Firm LLP, Wakefield

Darian M. Butcher, Esq., Butcher Law LLC, Boston

Betsey E. Crimmins, Esq., Mass Home Care Association, Malden

Robert M. Daniszewski, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers, Boston

Hyman G. Darling, Esq., Bacon Wilson, PC, Springfield

Rachel Deering, Verrill Dana LLP, Boston

Matthew L. Feeney, Esq., Norfolk County Retirement System, Canton

Deborah L. Fins, LICSW, CMC, Worcester

Judith M. Flynn, Esq., Falco & Associates, Quincy

John J. Ford, Esq., Northeast Justice Center, Lynn

Tobe L. Gerard, Tobe Gerard Insurance LLC, Brimfield

E. Alexandra Golden, Esq., Golden Law Center, Needham

Kate Granigan, MSW, LICSW, C-ASWCM, LifeCare Advocates LLC, Newton Center

Katherine A. Hesse, Esq., Murphy, Hesse, Toomey & Lehane LLP, Braintree

Michael A. Hickey, Esq., Goulston & Storrs, PC, Boston

Annette M. Hines, Esq., Special Needs Law Group of Massachusetts, PC, Framingham

Karen B. Johnson, Esq., Madge & Johnson, PC, Westford

Kristina Z. Kisiel, Esq., Berkshire Law Group, Lenox

Carol C. Klyman, Esq., Shatz, Schwartz, and Fentin, PC, Springfield

Linda L. Landry, Esq., Disability Law Center, Inc., Boston

Timothy R. Loff, Esq., Law Offices of Timothy R. Loff, Newton

Peter M. Macy, Esq., Guardian Community Trust, Inc., Andover

Robert S. Mantell, Esq., Law Office of Robert S. Mantell, Somerville

Patricia Keane Martin, Esq., Prince Lobel Tye LLP, Boston

Susan K. McClements, Esq., Lexington

Mary McGinley, Esq., Greater Boston Legal Services, Boston

Amy McIntyre, Rubin and Rudman LLP, Boston

Lisa M. Neeley, Esq., Rubin and Rudman LLP, Boston

Sean P. O'Connor, Esq., Morgan, Brown & Joy LLP, Boston

Stephen R. Pepe, Esq., Longbridge Financial, LLC, Milford

Carly Perkins, Goulston & Storrs, PC, Boston

Marc G. Perlin, Esq., South Yarmouth

Michelle T. Sikes, Esq., Sikes & Edwards, P.C., West Springfield

Natalie A. Simon, Esq., Law Office of Natalie A Simon, Gloucester

Stephen L. Sobey, Esq., Shatz, Schwartz, and Fentin, PC, Springfield

Laura Silver Traiger, Esq., Starr Traiger, LLP, Worcester

Svetlana Uimenkova, Esq., Disability Law Center, Inc., Boston

Holly Vietzke, Esq., Holly Lynch Law, LLC, North Andover

Kier Wachterhauser, Esq., Murphy, Hesse, Toomey & Lehane LLP, Braintree

Neal A. Winston, Esq., Mulvena Winston, PC, Stoneham

Mark W. Worthington, Esq., Special Needs Law Group of Massachusetts, PC, Framingham

TOP

ALERT

MCLE will close at 4:30pm on Friday, December 20, 2024 so that our staff can celebrate the joys of the season with their loved ones and rest and recharge for the new year. We will reopen on Thursday, January 2, 2025 at 8:30am. We wish you a happy holiday season and a bright 2025!!

Elder and Disability Law in Massachusetts

Sound estate planning guidance

Elder and Disability Law in Massachusetts

Sound estate planning guidance

Choose Format:

Product Description

Recent updates:

Table of Contents

Planning for Incapacity

Exhibit 1A

Exhibit 1B

Exhibit 1C

Exhibit 1D

Exhibit 1E

Exhibit 1F

Exhibit 1G

Tax Ramifications of the Power to Make Gifts

Estate Planning for Retirement Benefits

Exhibit 1H

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Guardianships and Conservatorships

Checklist 4.1

Checklist 4.2

Exhibit 4A

Exhibit 4B

Exhibit 4C

Exhibit 4D

Exhibit 4E

Exhibit 4F

Exhibit 4G

Exhibit 4H

Exhibit 4I

Exhibit 4J

Exhibit 4K

Exhibit 4L

Exhibit 4M

Exhibit 4N

Exhibit 4O

Exhibit 4P

Exhibit 4Q

Exhibit 4R

Exhibit 4S

Exhibit 4T

Exhibit 4U

Exhibit 4V

Exhibit 4W

Exhibit 4X

Exhibit 4Y

Undue Influence

Ethics Issues in Elder Law

Medicare Coverage and Major Medicare-Related Coverage Options for Elders and Persons with Disabilities

Exhibit 7A

Exhibit 7B

Exhibit 7C

Exhibit 7D

Exhibit 7E

Exhibit 7F

Medicare Supplement Insurance (Medigap) and Medicare Part C Managed Care Plans (Medicare Advantage)

Exhibit 8A

Exhibit 8B

Exhibit 8C

Exhibit 8D

Social Security

Exhibit 9A

Supplemental Security Income

Exhibit 10A

Exhibit 10B

Exhibit 10C

Exhibit 10D

Exhibit 10E

Exhibit 10F

Exhibit 10G

Exhibit 10H

Exhibit 10I

Exhibit 10J