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—Employment Law Risk Reduction in the Workplace

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Chip Muller, Esq., Muller Law

Exhibit 1A

- Checklist: Employment Law Risk Reduction Buy Form

Chapter 2 expand

Employment Agreements

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Samuel G. Eckel, Esq., Duffy & Sweeney LTD
Rachelle R. Green, Esq., Cervenka Green & Ducharme

Exhibit 2A

- Model Employment Offer Letter Buy Form

Exhibit 2B

- Model Employment Agreement Buy Form

Chapter 3 expand

Privacy Issues in the Workplace

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Heather A. Pierce, Esq., Littler Mendelson, PC
Todd M. Reed, Esq., Littler Mendelson, PC

Exhibit 3A

- Form Personnel File Request Buy Form

Exhibit 3B

- Checklist of Conditions Required Under the Rhode Island Drug Testing Statute, R.I.G.L. § 28-6.5-1 Buy Form

Exhibit 3C

- Sample E-Mail and Internet Use Policy Buy Form

Chapter 4 expand

Discrimination

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Andrew H. Berg, Esq., Sammartino & Berg LLP
Michael A. Gamboli, Esq., Partridge Snow & Hahn LLP

Chapter 5 expand

Accommodation and Leave Issues

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Gregory A. Mancini, Esq.,
Richard Sinapi, Esq.,

Chapter 6 expand

Whistle-Blower and Retaliation Claims

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Neal J. McNamara, Esq., Nixon Peabody LLP

Exhibit 6A

- Checklist of Affirmative Defenses in Retaliation and Whistle-Blowing Cases Buy Form

Chapter 7 expand

Wage and Hour Law

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Charles S. Kirwan, Esq., Kirwan Law

Exhibit 7A

- Checklist of Key FLSA Issues Buy Form

Exhibit 7B

- U.S. Department of Labor Wage and Hour Division Fact Sheet No. 13 Buy Form

Chapter 8 expand

Collective Activity

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Elizabeth A. Wiens, Esq., Gursky Wiens

Chapter 9 expand

Prevailing in Unemployment Benefit Appeals

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Noelle K. Clapham, Esq., Robinson & Clapman

Exhibit 9A

- Checklist of Information to Assemble When Filing a Claim for Unemployment Compensation Benefits in Rhode Island Buy Form

Exhibit 9B

- Sample Letters Initiating a Board of Review Appeal Hearing Before a Referee Buy Form

Exhibit 9C

- Checklist of Facts and Materials Needed in Preparation for an Unemployment Compensation Benefits Hearing Buy Form

Exhibit 9D

- Sample Appeal to the Board of Review Hearing Tribunal Buy Form

Exhibit 9E

- Sample District Court Appeal Buy Form

Exhibit 9F

- Sample Fee Request Letter Buy Form

Exhibit 9G

- District Court Appeal Form Buy Form

Chapter 10 expand

Proceedings Before the Rhode Island Commission for Human Rights

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Exhibit 10A

- Intake Questionnaire Buy Form

Exhibit 10B

- Sample Commission-Drafted Charge of Discrimination Buy Form

Exhibit 10C

- Sample Negotiated Settlement Buy Form

Exhibit 10D

- Sample Commission Withdrawal-with-Settlement Form Buy Form

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