Elder Law is a specialized area of practice and not all attorneys have the knowledge necessary to advise you in this complicated area of law. This is an ever-changing are of practice due to the frequent changes to the MassHealth (Medicaid) Regulations and one that requires continuous education. Elder Law involves working with individuals, couples and families regarding such issues as changes in mental capacity, health, living arrangements and the payment for long-term care in a nursing home. I assist clients and family members both in times of a health or financial crisis which require nursing home care and with advanced planning that can help alleviate or prevent these crises later on.
Elder Law involves advising and assisting clients:
- with determining all of their options with regard to keeping their independence and allowing them to remain at home safely for as long as possible;
- by advising them how to preserve and protect their assets as allowed by the MassHealth regulations;
- with referrals to other professionals, such as aging life care managers, who can assist with hiring nursing aides for at home care and supervision;
- by advising them of the necessary estate planning documents to have in place such as health care proxies, durable powers of attorney, wills and trusts and to be sure the documents include the appropriate powers and provisions in each document;
- with determining when guardianship or conservatorship may be necessary due to lack of mental capacity;
- with referrals to assisted living facilities, rest homes and nursing homes; and
- by reviewing their current asset situation and advising them of their options with regard to paying for care at home or obtaining Medicaid (MassHealth) eligibility.