Product Description

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

Chapter 1 expand

Introduction

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Hon. Gary E. Hicks, New Hampshire Supreme Court
Hon. Daniel E. Will, NH Superior Court Center

Chapter 2 expand

Preservation and Spoliation of Evidence

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Lisa Snow Wade, Esq., Orr & Reno, PA

Exhibit 2A

- Custodian Questionnaire Buy Form

Exhibit 2B

- Litigation Hold Memorandum Buy Form

Chapter 3 expand

Discovery Planning and Analysis

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Richard C. Bell, Esq., New Hampshire Supreme Court

Exhibit 3A

- Order Approving Discovery Stipulation, Vention Medical Advanced Components, Inc. v. Pappas Buy Form

Chapter 4 expand

Protecting Confidential Information in Litigation

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Lisa Snow Wade, Esq., Orr & Reno, PA

Exhibit 4A

- Sample Motion for Protective Order Buy Form

Exhibit 4B

- Sample Single-Tier Protective Order with Attached Agreement Concerning Confidential Information Buy Form

Exhibit 4C

- Sample Multitier Protective Order Buy Form

Exhibit 4D

- Sample Motion to Seal Briefs Buy Form

Chapter 5 expand

Discovery of Internal Investigations

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Anne M. Rice, Esq., Rice Law Office, PLLC

Chapter 6 expand

Discovery Plan/Structuring Conference Preparation and Practice

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Philip R. Waystack, Esq., Waystack Frizzell Trial Lawyers

Exhibit 6A

- Case Structuring and ADR Order Form (NHJB-2700-S) Buy Form

Exhibit 6B

- ADR Report Form (NHJB-2488-S) Buy Form

Exhibit 6C

- Federal Rule 26(f) Discovery Plan Form (Civil Form 2, Discovery Plan) Buy Form

Chapter 7 expand

Interrogatories

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Jeanne P. Herrick, Esq., Office of the New Hampshire Governor Emergency Relief and Recovery

Exhibit 7A

- Sample Notice of Interrogatories Pursuant to New Hampshire Superior Court Rule 23 Buy Form

Chapter 8 expand

Document Requests

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Elizabeth A. Bailey, Esq., Sheehan Phinney Bass & Green PA
Karyl Roberts Martin, Esq., University System of New Hampshire

Exhibit 8A

- Sample Request for Production of Documents Buy Form

Exhibit 8B

- Sample Response to Request for Production of Documents Buy Form

Chapter 9 expand

Requests for Admission

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Samuel Colquit Harkinson, Esq., Hoefle, Phoenix, Gormley & Roberts, PA
Kimberly J.H. Memmesheimer, Esq., Hoefle, Phoenix, Gormley, & Roberts, PA
Stephen H. Roberts, Esq., Hoefle, Phoenix, Gormley, & Roberts, PA

Exhibit 9A

- Sample Request for Admissions Buy Form

Exhibit 9B

- Sample Response to Request Buy Form

Chapter 10 expand

The Attorney-Client Privilege and the Work Product Doctrine

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Jeremy D. Eggleton, Esq., Orr & Reno, PA

Chapter 11 expand

Evidentiary Privileges

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Jeremy D. Eggleton, Esq., Orr & Reno, PA

Exhibit 11A

- Privileges in New Hampshire Law Buy Form

Chapter 12 expand

Depositions

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Jeremy T. Walker, Esq., McLane Middleton

Exhibit 12A

- Sample Deposition Notice Buy Form

Exhibit 12B

- Sample Subpoena Buy Form

Chapter 13 expand

Analyzing and Responding to Discovery

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Hilary H. Rheaume, Esq., Bernstein, Shur, Sawyer & Nelson, PA

Exhibit 13A

- New Hampshire Bar Association Professionalism Creed Buy Form

Exhibit 13B

- Sample Case Map for Defendant Buy Form

Exhibit 13C

- Sample Display of Fields on Computer Screen Buy Form

Chapter 14 expand

E-Discovery and Internet/Social Networking Discovery

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Shelagh C.N. Michaud, Esq., Nixon Peabody LLP

Exhibit 14A

- Sample Electronic Discovery Outline for Preparing or Deposing a Business Witness Buy Form

Exhibit 14B

- Sample Questionnaire for Interviewing Client Technology Personnel Buy Form

Exhibit 14C

- Sample Notices (Formal and Basic) Buy Form

Exhibit 14D

- Sample Preservation Letter Buy Form

Exhibit 14E

- Model Order Regarding Preservation Buy Form

Chapter 15 expand

Discovery Practice

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Robert M. Derosier, Esq., DTC Lawyers
Keriann Roman, Esq., Drummond Woodsum & McMahon

Exhibit 15A

- Rule 11(c) Certification Buy Form

Exhibit 15B

- Verification Buy Form

Exhibit 15C

- Rule 3(a) Certification Buy Form

Exhibit 15D

- Motion to Strike Request for Admissions or, Alternatively, Motion for Protective Order Buy Form

Exhibit 15E

- Motion for Protective Order Buy Form

Exhibit 15F

- Request for Admissions Buy Form

Exhibit 15G

- Motion to Compel Answers to Interrogatories and Responses to Requests for Production of Documents Buy Form

Exhibit 15H

- Motion for Conditional Default Buy Form

Exhibit 15I

- Motion to Strike Conditional Default Buy Form

Exhibit 15J

- Motion for Entry of Default Judgment Buy Form

Exhibit 15K

- Taxation of Costs Buy Form

Exhibit 15L

- Motion for Appointment of Commissioner to Take Out-of-State Depositions Buy Form

Exhibit 15M

- Motion for Issuance of a Letter Rogatory to Out-of-State Court Buy Form

Exhibit 15N

- Motion to Quash Subpoena Buy Form

Exhibit 15O

- Motion for Reconsideration Buy Form

Chapter 16 expand

Obtaining Interstate Discovery

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Hon. Andrew R. Schulman, NH Superior Court Center

Exhibit 16A

- Sample Order of Commission Authorizing the Taking of a Foreign Deposition Buy Form

Chapter 17 expand

Discovery Relating to Experts

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Doreen F. Connor, Esq., Primmer Piper Eggleston & Cramer, PC

Exhibit 17A

- Expert Witness Deposition Outline—Deposing an Adverse Witness Buy Form

Chapter 18 expand

Medical Discovery

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Holly B. Haines, Esq., Abramson, Brown & Dugan
Melissa M. Hanlon, Esq., Sulloway & Hollis, PLLC
Jay Surdukowski, Esq.,

Exhibit 18A

- Authorization to Release Medical Information and Records Buy Form

Chapter 19 expand

An Overview of Differences Between State Court and Federal Discovery Practice

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Kevin G. Collimore, Esq., CullenCollimore, PLLC
Brian J.S. Cullen, Esq., CullenCollimore, PLLC

Exhibit 19A

- Joint Discovery Plan Buy Form

Exhibit 19B

- Discovery Plan Buy Form

Exhibit 19C

- Defendant’s Mandatory Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) Buy Form

Chapter 20 expand

Discovery in the Business and Commercial Dispute Docket of the New Hampshire Superior Court

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Hon. Richard B. McNamara,

Exhibit 20A

- Business and Commercial Dispute Docket Standing Orders Buy Form

Chapter 21 expand

Government Discovery

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James W. Kennedy, III, Esq., City of Concord/City Hall

Chapter 22 expand

Discovery in Divorce Cases

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Jeanmarie Papelian, Esq.,
Mary Elizabeth Tenn, Esq., Tenn and Tenn, PA

Exhibit 22A

- Family Division Rule 1.25-A, Mandatory Initial Self Disclosure Buy Form

Exhibit 22B

- Sample Privilege Log Buy Form

Chapter 23 expand

Discovery in Employment Cases

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Lauren S. Irwin, Esq., Upton & Hatfield LLP

Exhibit 23A

- Checklist: Types of Discovery Often Needed in Employment Cases Buy Form

Exhibit 23B

- Order Granting Plaintiff’s Motion to Compel in Heinrichs v. West Buy Form

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