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Estate Planning and Elder Law 

Discussion of estate planning, elder law and health insurance matters in Massachusetts.
Post Frequency: 3.8/day Last Entry: January 14, 2010 at 15:23:11 Recent Entries: 162
By Leanna Hamill, Esq.
Go to Estate Planning and Elder Law, find other Taxation & Estate Planning blogs, or browse all law blogs.
My website has moved, please come with me!
Posted on January 14, 2010My website has moved to http://www.hamilllawoffice.com/, which will now have the most up to date information for you. If you have subscribed to this site by email, you can enter your email address at the new site to continue to get updates. Likewise, if you subscribe by RSS you can get the new RSS feed over there...
Better Sleep* and Peace of Mind - What Does An Attorney Sell?
Posted on January 08, 2010Ironically, the idea for this post came to me during a bout of insomnia. It's often said that estate planning attorneys sell "peace of mind." That is, we help people put the pieces in place that allow their family members (or people of their choosing) to legally assist them with their health care and financial decisions when they are unable...
I Can't Lead a Horse To Water, or Make It Drink
Posted on January 06, 2010Many times my biggest competition is not other attorneys - it's inertia. It isn't that people are meeting with other attorneys and getting their estate plans in order, it's that they just aren't doing them. The biggest excuses I hear are usually "I don't have any thing to leave to people and my family knows how to divide my stuff" or "I won't care what happens to my stuff, I won't be around then anyway...
New Rules for Reverse Mortgage Counselors
Posted on December 09, 2009The New York Times has a recent article on the new rules for reverse mortgage counselors. Under the new rules, counselors are required to pass an exam that was used in recent years by the AARP Foundation to qualify its reverse-mortgage counselors, and they must take part in training every two years...
New Guardianship & Conservatorship Forms
Posted on December 08, 2009The new forms for petitioning for guardianship and conservatorship can be found on the Probate Court website, by clicking here. There are instructions for the forms that can be helpful for the physicians who may not be used to filling out the new, more extensive medical certificates, and for folks who are representing themselves in petitioning for a guardianship or conservatorship.
New Guardianship Procedures - The Medical Certificate
Posted on December 04, 2009The procedures for obtaining guardianship or conservatorship (see below for definitions) over a person who has become unable to handle their own affairs has recently changed in Massachusetts with the adoption of the Uniform Probate Code. I will be doing some posts over the next couple of weeks to outline some of those changes...
Site Nominated for the ABA Top 100 Law Blog List
Posted on December 03, 2009My blog has been nominated to the American Bar Association Top 100 Blog List. This is a great honor, and makes me proud because it means that I'm continuing to provide the value to my readers that I strive for. Voting to select the Top 10 is now taking place...
Tips for Beating the Holiday Blues
Posted on November 24, 2009The AGS Foundation for Health In Aging has published some tips for beating the holiday blues. Some of the tips include: Accepting your feelings. Just because the media and other may make it seem likely everyone else is happy, it's perfectly normal to not feel happy all the time...
Holiday Time - Checking In With Your Aging Parents
Posted on November 16, 2009If you are returning home this holiday season to spend time with aging relatives, take a few minutes to check things out and make sure they are still safe at home. You don't need to make a big production out of it, but here are some things to keep an eye out for: Is there adequate lighting inside and out to prevent falls? Is the refrigerator stocked with food? Is any of it spoiling? Are there any throw rugs that could cause falls? Is their mail piling up unopened? Are your normally tidy parents having a harder time with housekeeping? Is their house warm enough? Are their medications up-to-date? Do your loved ones seems healthy? Just because you notice some issues, doesn't mean your parents can't be living at home...
I Have a Trust. Why Do I Still Need a Power of Attorney?
Posted on November 03, 2009I am often asked by my clients, "if I have a trust that is going to allow for the management of all my property, why do I still need a durable power of attorney?" The durable power of attorney, in addition to allowing your agent to manage your non-trust property, also allows the agent to act on your behalf in many different scenarios where the powers of the trustee do not apply: Filing tax returns and otherwise dealing with the Internal Revenue Service, Applying for public benefits, and filing appeals on your behalf if those benefits are denied, Inquiring about, managing, changing and cashing out life insurance policies that aren't owned by your trust, Signing admission agreements on your behalf to a hospital, rehab facility or nursing home, Resigning on your behalf if you are serving as executor, guardian or conservator of someone and become unable to fulfill your duties, Obtaining information from pension company or human resources department, Hiring caregivers and other professionals on your behalf, Accessing safe deposit boxes, Changing your domicile (the place that is legally considered your home,) Filing for bankruptcy on your behalf, Acting on your behalf in probate proceedings, including assenting to accounts or other proceedings, Filing a change of address with the post office...
Advance Directives For Mental Illness
Posted on October 07, 2009Most people know that they should have an advance directive or living will in place in the event of a serious illness or injury, so that their loved ones will know what their wishes are. I wondered recently if similar advance directives exist for people with mental illness, so they can state their wishes for care when their illness worsens...
Geriatric Care Managers - A Valuable Member of the Team
Posted on September 30, 2009I have posted before about the value of hiring a geriatric care manager (GCM). According to the National Association of Geriatric Care Manager, a GCM is a health and human services specialist who helps families who are caring for older relatives. The GCM is trained and experienced in any of several fields related to care management, including, but not limited to nursing, gerontology, social work, or psychology, with a specialized focus on issues related to aging and elder care...
Is Your Attorney Nosy? You Should Hope So.
Posted on September 24, 2009I was bitten by a tick this summer and went to the doctor to have it checked out. The first thing they did, as always, was weigh me and take my blood pressure. I wondered how either of these things were relevant to my tick bite, so I asked. The response, "the doctor likes to track these things at each visit to be on the look out for changes...
What to Pack for a Trip to the Hospital
Posted on September 14, 2009As people get older and sicker, they may find themselves going to the hospital more frequently - either for planned appointments or emergencies. Being prepared for these visits can go a long way towards making them less stressful. Here is a list of things to remember: A copy of your health care proxy, A copy of your HIPAA release, A copy of a Do Not Resuscitate Order if you have one, Health insurance cards (Medicare, Medicaid, supplemental insurance) Glasses, hearing aids, dentures, Supply of medication, list of medications and dosages, any allergies, Slippers or socks with rubber soles, Robe, PJs or nightgown, Toiletry items, Ear plugs, Telephone card and small amount of cash for incidentals...
Medicaid Myths and Getting the Facts
Posted on September 10, 2009I hear a lot of things from my clients at our first meeting when their spouse or parent has entered a nursing home and they need to seek eligibility for Medicaid/MassHealth in order to continue paying for the care. Some of the things my clients have been told are: The Government is going to take your house, Just give everything away, that will protect it, You need to spend all of the money on the nursing home before you can qualify for Medicaid, You can just give your house to your child for $1...
Action Item - Write It Down
Posted on September 01, 2009Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting...
Action Item - Start Writing Your Letter of Intent
Posted on August 25, 2009Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting...
Action Item - Keep Your Attorney in the Loop
Posted on August 18, 2009Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting...
End of Life Conversations Will Result In Your Death - 100% of the Time
Posted on August 12, 2009Everyone is going to die. All of us. Some will die when we are young, some when we are old. Some will die a quick death, and others will linger while those around us try to figure out what to do. So, all this talk about "end of life conversations" leading to more old people dying makes me wonder what people think will happen if you don't talk about your end of life wishes...
Action Item - Check Your Estate Plan Before Filing for Divorce
Posted on August 11, 2009Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting...
Action Item - Guardians for Your Minor Children
Posted on August 04, 2009Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting...
Action Item - Check Your Beneficiaries
Posted on July 28, 2009Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting...
Recording for How & Why to Avoid Guardianship and Conservatorship
Posted on July 22, 2009I had the pleasure of speaking with Barbara Friesner, of AgeWiseLiving, on her AgeWise Living Radio Show about Why and How to Avoid Guardianship and Conservatorship (click to listen to the recording.) You may want to turn the volume down on your computer before clicking the link to the show, since the audio starts right away...
Why & How To Avoid Guardianship or Conservatorship - Radio Show
Posted on July 17, 2009I will be speaking on Tuesday at 11:00 a.m. Eastern Time on the AgeWise Living Radio Show about Why and How to Avoid Guardianship and Conservatorship. I will be talking about what a guardianship and conservatorship are, why one or both would be needed, what the process is for obtaining them, what the costs associated with them are, what families can expect when them embark on seeking protective proceedings over a loved one, what the responsibilities are of the guardian or conservator once they are appointed, and most importantly, what some of the alternatives to these proceedings are that can provide the elder or disabled person with the support they need, while maintaining their rights and keeping family relationships in tact...
How To Find a Lost Will (or at least where to look)
Posted on July 15, 2009I always recommend that my clients keep their original wills (and other important documents) in a fireproof box in their house, and that they let some family members know where the documents are located, and where the key is (or what the combination is) if the box is locked...
New Guide for Lesbian, Gay, Bisexual & Transgender Elders
Posted on July 06, 2009The National Center for Lesbian Rights has released a new planning guide for LGBT Elders called Planning With A Purpose: Legal Basics for LGBT Elders. Download PlanningWithAPurpose. This booklet provides basic information about how the laws affect the rights of LGBT elder's in terms of financial issues, health care decisions, long term care planning, and estate planning...
Caregiver's Corner - Resources from Around the Web
Posted on July 02, 2009All the links will open in a new window, so feel free to click as you read knowing you won't lose this page. Shambala Sun , the Buddhist magazine, focuses their recent issue on caregiving and illness. They have an audiodownload by Frank Ostaseki whose mission is to seed "our culture with innovative approaches to end-of-life care that reaffirm the spiritual dimensions of dying...
Protecting Your Privacy and Your Children's with a Trust
Posted on July 01, 2009There has been much talk in the media lately about Michael Jackson's death - what he owed, what he owned, and who would get it. People were waiting for his Will to be presented to the Court to perhaps get a deeper look at his financial life. Well, his will was presented to the Court today Download Michael Jackson's Will...
Choosing Long Term Care Insurance
Posted on June 29, 2009I have many clients who have long term care insurance, and many who don't. From what I've seen, my clients with long term care insurance have many more options when it comes to choosing care and choosing where they live than my clients who don't. The New York Times has a recent article about how to choose a long term care insurance policy...
New Caregiver Authorization For Minor Children Living With a Non-Parent
Posted on June 26, 2009For various reasons a minor child will sometimes go and live with someone besides his or her parents. Maybe the parents are struggling with health or substance abuse issues and their child goes to live with a grandparent. Maybe a teenager wants to finish their last year at school and will live with a friend while their parents move to a different state...
Next
Real Estate Agents, Lenders, Appraisers & Home Inspectors: ARE BUYERS WASTING TOO MUCH OF YOUR TIME?
PREQUALIFY, PREQUALIFY, PREQUALIFY. It cannot be said enough times...
What Should Sellers Look for in Hiring a Real Estate Agent?
MARKETING SKILLS, MARKETING "SUPPORT" AND EXPERIENCE. There are nu...
Should Sellers Hire a Real Estate Agent?
We often say YES! There are simply far too many unscrupulous buyer...
Real Estate Tax Appeals: Who Has the Burden of Proof
Recently, many municipalities have performed revaluations in order...
Real Estate Tax Appeals: Who Has the Burden of Proof
Recently, many municipalities have performed revaluations in order...
Estate Planning
Documents: durable power of attorney, living will, letter of instruction, and insurance trust
Real Estate Brokers
Questions home sellers should ask potential brokers
Real Estate Brokers
The role brokersplay
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
How to make a landlord honor an option to buy provision in the lease (OH)?
Most leases are written as a one year agreement, if neither party elects to form...
Can I sue the executor of my fathers estate?
Get a lawyer. Not one you pay by the hour - a contingency based attorney. If he ...
How to prove child support payments were sent by US Mail?
Your best bet is to send the checks via certified mail return receipt requested....
My father and mother died with a will. The will states that the family house be sold and any money left be divided equally among the sibling. The house as a loan against it for $200.000. The executor of the estate (my si
Contest the will, this should lock things up in probate and prevent her from doi...

Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
How to make a landlord honor an option to buy provision in the lease (OH)?
Most leases are written as a one year agreement, if neither party elects to form...
Can I sue the executor of my fathers estate?
Get a lawyer. Not one you pay by the hour - a contingency based attorney. If he ...
How to prove child support payments were sent by US Mail?
Your best bet is to send the checks via certified mail return receipt requested....
My father and mother died with a will. The will states that the family house be sold and any money left be divided equally among the sibling. The house as a loan against it for $200.000. The executor of the estate (my si
Contest the will, this should lock things up in probate and prevent her from doi...








