Taxation & Estate Planning

Holiday Time - Checking In With Your Aging Parents

Posted on November 16, 2009
If 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, 2009
I 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, 2009
Most 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, 2009
I 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...

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Is Your Attorney Nosy? You Should Hope So.

Posted on September 24, 2009
I 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, 2009
As 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, 2009
I 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, 2009
Some 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, 2009
Some 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, 2009
Some 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, 2009
Everyone 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, 2009
Some 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, 2009
Some 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, 2009
Some 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, 2009
I 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, 2009
I 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, 2009
I 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, 2009
The 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, 2009
All 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, 2009
There 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, 2009
I 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, 2009
For 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...

Living Wills for Children, or "I Want My Pepsi Now"

Posted on June 24, 2009
Many many years ago, before I was born, a beloved young cousin in my family was sick, and dying of leukemia. Towards the end of his life, there was a sign above his bed that said "nothing by mouth," meaning he should not have anything to eat or drink as he was getting his nutrition intravenously...

When Your Child With Special Needs Turns 18 - Guardianship is Not the Only Option

Posted on June 12, 2009
I often receive calls from parents who are challenged by their children?s mental health, emotional, or behavioral needs, and those children are turning 18 soon. "I need a guardianship over my son, he's turning 18." As I talk to the parents I find out that the son is in mainstream school, holds down a job and is getting his driver's license...

Estate Planning Before, During and After Divorce

Posted on June 02, 2009
I was recently a guest on Divorce Talk Radio, is a weekly live radio show hosted by Stephanie Watson the Divorce Editor on BellaOnline.com. I talked about protecting yourself during divorce by making sure you have a properly prepared estate plan. This includes making sure you have a valid health care proxy so that the person of your choice, and not your soon-to-be-ex, is making decisions about your health care if you are unable, and having a durable power of attorney that allows someone you select to handle your property if you become unable...

What to Do When You Can't Decide

Posted on May 26, 2009
I sometimes have clients who have trouble making decisions - they can't decide who should be guardian of their children, they can't decide who to appoint as agent under a power of attorney, and they can't decide exactly how to distribute their property when they pass away...

Rethinking Your Estate Plan

Posted on May 20, 2009
I've posted before about how to keep your estate plan up-to-date even though your finances may be changing. And I was quoted in a recent Money Magazine article on the same subject. The article addresses some ways to deal with changing finances and talks about things to think about when deciding on how to distribute your property...

Passing On More Than Just Things - Leaving a Legacy Letter

Posted on May 18, 2009
When people think about their estate plan or their will, they commonly think about dividing up their things among the people who will survive them. How many people stop to consider what else they want to leave behind - memories, lessons, values and other priceless intangibles...

Finding the Right Living Situation for Your Aging Parents - It's Not All or Nothing

Posted on May 14, 2009
Today's post is written by Generational Coach Barbara Friesner of AgeWise Living. Barbara works with the family members of the aging person, not the elder themselves. I typically work with the family and the elder, but I consider the elder to be my client...

Beware of "Grandparent Scams"

Posted on April 20, 2009
Authorities are warning of new scams targeted at the elderly. The latest attempt to defraud seniors is a phone call from someone pretending to be a grandchild who is in trouble. ?Don?t tell anyone, but I need help. Send money.? The plea to keep things quiet from other family members can make the scam successful, since the grandparent wants to protect their grandchild and help them out of a bind...

Mistakes to Avoid When Choosing Guardians for Your Children - Cohasset Library May 28th.

Posted on April 18, 2009
Come and learn about the 6 mistakes parents make when choosing a guardian for their children, and how to avoid them. Find out about the 5 estate planning documents every parent needs, no matter the size of their estate. Get your questions answered about how to make sure that you, your children, and your property will be protected if something happens...

Elder Mediation - Another Resource to Help Families with Issues of Aging

Posted on April 16, 2009
Even in close families, issues can come up that need an outside party to help deal with them. Caring for an aging parent while dealing with siblings (and their spouses) can make a difficult task even harder. Inheriting property from parents that you now own jointly with several siblings can seem like an unwelcome gift when no one can agree on what to do with it...

Your Help Needed to Support New Legislation to Maintain Finanical Security for Seniors

Posted on April 08, 2009
I am a member of the Public Policy Committee of the Massachusetts Chapter of The National Academy of Elder Law Attorneys. Below is some information about recent bills that have been filed by our chapter to help seniors and their families. You can click on the name of the person sponsoring the bill to be brought to a page with their contact information, or call your local senator or representative to ask them to support these bills...

Good Gifts Gone Bad - The Hidden Dangers of Giving Property to Your Children

Posted on February 25, 2009
I often have clients (or client's children) who ask me - "can't I just give my property to my child?" Or who say "My mom wants us to inherit her house, isn't the easiest way to just have her sign a life estate deed?" Sometimes it's "I'm allowed to give away $10,000...

How to Communicate Your Health Care Wishes

Posted on February 24, 2009
As part of the work I do with my clients, one of the things we always talk about at our first meeting is whether they have signed a health care proxy. A health care proxy is a legal document which appoints another person to make health care decisions for you in the event you are unable...

Siblings and Caregiving - Making it Work

Posted on February 13, 2009
We are lucky to have another guest post by Barbara Friesner of AgeWise Living, a generational coach who works with families around issues of aging, care-giving and helping siblings maintain or improve their relationships while one or more of them is caring for an aging parent...

Surviving Divorce, The Road Ahead. A Two-Night Workshop.

Posted on January 29, 2009
I will be speaking at this workshop on what you need to know and do about your estate plan before, during and after divorce. Surviving Divorce?The Road Ahead WorkshopLegal, Financial and Credit/Debt advice for people who are divorced, divorcing or contemplating divorceMarch 3 and March 10, 2009 atBraintree Public LibraryBraintree, MA When faced with divorce only one thing is certain: CHANGE...

The Dangers of Do It Yourself, A Cautionary Tale

Posted on January 13, 2009
A colleague recently had a new client come to see them. The man's father had passed away, and the son had found the Will...the Will that his father had purchased online and signed, thinking his wishes would then be honored. Sadly, they won't be. The form Will that the father had filled out had spaces for specific bequests - specific items that he wanted to go to certain people...

Is It Time to Be Concerned? Talking to Your Aging Parents

Posted on January 09, 2009
I am thrilled to have today's post written by Barbara Friesner, author of The Ultimate Caregiver's Survival Guide. Barbara is an expert on issues affecting Seniors and their families. She has been featured on NY1 TV's "Focus on Seniors", "Coping With Caregiving" and on radio shows across the country...

The Importance of Having Your Own Attorney When Refinancing Your Home

Posted on January 05, 2009
Today's post is written by my friend and colleague Stephen Silveri. __________________________________________________________________________With mortgage rates currently at historic lows, you or someone you know may be refinancing. If this is the case, I want to be sure that you are aware of the importance of hiring your own attorney to handle the closing...

More Questions to Ask Your Parents

Posted on December 29, 2008
I posted earlier about questions to ask your parents, and I'm noticing that more and more people are asking me that. You can review the categories on the right hand side of this site to get an idea of the things people should have in place, and below are some more questions that can get you started: Have you signed a Health Care Proxy so that someone will be able to make health care decisions for you if you are unable? Have you discussed your wishes for end of life care with that person? Have you given a copy of the Health Care Proxy to them and to your doctor? Have you signed a Durable Power of Attorney so that someone can manage your finances and property for you if you are unable? Does that person know where to find your important papers? Do you have a list somewhere of all your accounts, property, passwords, insurance policies, real estate and other important information? Have you updated your Will recently to make sure it still reflects your wishes? Are the people you appointed to serve as executor still available? Have you noticed any changes in Mom/Dad that worry you? If your parents, or you, are ready to get your plans in place and start 2009 off on the right foot, call my office for an appointment.

Local Tax Credit For Seniors

Posted on December 15, 2008
The Boston Globe has a recent article about the "circuit breaker" tax credit for seniors. The article points out that many people over 65 are not taking advantage of tax credit, which can be up to $930. Homeowners qualify for 2008 if their home was assessed at up to $793,000 - nearly double the 2008 state average of $403,687 - and if their property taxes, plus 50 percent of water and sewer bills, exceeded 10 percent of their income...

New Caregiving Website with Videos

Posted on December 12, 2008
Videocaregiving.org is a new visual education center for family caregivers. The videos are designed to be short, simple and direct, and are able to be accessed easily by the user at any hour of the day or night. Many of the videos follow a documentary format that uses real people and follows real situations...

More Men Taking Over the Caregiving Role

Posted on December 04, 2008
The image of a caregiver for an aging parent or relative is usually a woman in her 40's or 50's who is raising her own children, probably working outside the home, and then trying to care for her aging loved one at the same time. But according to a recent article in the New York Times, more men are serving as caregivers than ever before...

Information About Medical Scams

Posted on December 02, 2008
The Federal Trade Commission has a new website which provides information about medical scams which often target the elderly. Some of the things they advise are: protecting your health insurance information to avoid theft of your ID and improper use of your benefits...

Starting the Conversation About End of Life Care

Posted on December 01, 2008
Families are often hesitant to talk about end of life wishes. Maybe they are uncomfortable bringing it up, maybe they are afraid of the reaction of others, or maybe they think everyone would know what to do so there's no need to discuss it. But if it feels uncomfortable now - when there is no immediate crisis, everyone is well enough to express their wishes, and there is a lot of time to talk - imagine how much more uncomfortable it would be in an emergency, when people are stressed and the one person who knows for certain what they want is unable to communicate their wishes...

Will You Be Responsible to Pay for Your Parent's Care?

Posted on November 24, 2008
If a parent needs long term care - either at home or in a nursing facility, children may watch as their parent's savings dwindle to pay for the care, which can cost upwards of $5,000 - 10,000.00 per month. If the parent ends up meeting the eligibility criteria for Medicaid (called MassHealth in Massachusetts), then Medicaid will begin to pay for the care...

Do You Need to Change Your Will When Your Finances Change?

Posted on November 19, 2008
As you read about the state of finances in the world, and look at your own financial situation - you may be wondering if you need to change your Will or Trust to account for the change in your finances. As is often the answer, it depends. It depends on how the document is written, so you'll want to read over your Will or Trust, and it's a good idea to have your attorney review the documents as well...

How To Revoke a Power of Attorney

Posted on November 17, 2008
Whether you are signing a new power of attorney, or just want to revoke an old one, there are several things you should do in order to make sure that the old power of attorney is properly revoked. If you...

Letters of Intent for Parents of Children with Special Needs

Posted on November 14, 2008
I've written before about the importance of maintaining records for your children, and especially those children who have special needs, so that if a guardian is ever needed there will be complete records available for whoever will be taking over...

In the Nursing Home, by Jane Kenyon

Posted on October 30, 2008
In the Nursing HomeShe is like a horse grazinga hill pasture that someone makessmaller by coming every nightto pull the fences in and in.She has stopped running wide loops,stopped even the tight circles.She drops her head to feed; grassis dust,...

Carrier Alert Keeps Seniors Safe

Posted on October 28, 2008
When I was a child, and my Nana was still alive, we visited her often. When we walked up to her door, her mailbox was to the left, and it has a sticker on it that said "Carrier Alert." After...

Is your parent a beneficiary of your estate?

Posted on October 27, 2008
Some of my clients have their parents listed as primary or contingent beneficiaries of their estate. This may be a purposeful decision, or it may be because they named the beneficiaries many years ago before they had a spouse or...

Online MassHealth (Medicaid) Application & Eligibility Regulations

Posted on October 24, 2008
Wondering where to find the MassHealth (Medicaid) Application online? The Massachusetts Office of Health and Human Services has downloadable copies of the application on their site. There are several applications and booklets, so make sure you are choosing the correct...

Will There Be a Reading of the Will?

Posted on October 23, 2008
I am sometimes asked by my clients if there will be a "reading of the will", and the answer is almost always "no." These days, there is generally no formal gathering at the attorney's office where the will is read...

"This is nothing like Senior Yoga!"

Posted on October 22, 2008
I went out to the Kripalu Yoga Center in Lenox last week for vacation. One of the activities they have is a noon time YogaDance, which is a very spirited dance for people of all ages and abilities. A group...

Questions to Ask Your Aging Parents

Posted on October 21, 2008
As you get together with aging relatives this holiday season, or even as you see yourself and your siblings getting older, you probably know that there are questions you need to ask and things you need to know. If you...

Why Hire A Geriatric Care Manager?

Posted on October 10, 2008
I often recommend that my clients or their families hire a geriatric care manager to assist them in the maze of issues that come up during the transitions of aging. The New York Times has an excellent post on their...

Challenges Facing an Aging Gay Population

Posted on October 08, 2008
Many people face challenges as they get older - losing friends to illness or death, living alone, not having regular caregivers - but a recent article in Newsweek points out that these are increased risks for an aging gay population....

Technology for Seniors Can Increase Safety and A Sense of Belonging

Posted on October 03, 2008
Technology advances are being made which make it easier for people with vision problems, arthritis, and hearing problems to be be able to use the latest "toys" like cell phone and personal computers. Having access to a cell phone can...

Financially Preparing for Kids With Special Needs

Posted on October 02, 2008
The following US News & World Report Article was brought to my attention by fellow attorney Steve Worrell, who posted it on his Georgia Wills Law Blog. Regardless of what state you live in, it is important to work with...

Staying Healthy (and Keeping Others Healthy) When Visiting Nursing Homes or Hospitals

Posted on September 24, 2008
It's fall, which means colder days, colored leaves and an increased risk of colds and other illnesses. While most of us can recover after a couple days of rest, common illnesses can take a toll on the elderly and infirm....

Fall Prevention Awareness Day

Posted on September 22, 2008
It's Fall Prevention Awareness Day today. If you are caring for a elderly loved one, or if you yourself are getting up in years, you know the importance of preventing falls. An otherwise healthy person can find them in a...

Medicare Reaches Out To Caregivers

Posted on September 19, 2008
The federal government has a new site for caregivers at Medicare.gov. It covers topics such as billing, navigating Medicare, care options and provides resources for caregivers who are feeling overwhelmed. It even has a section on long term care and...

Say "Hello in there, hello."

Posted on September 11, 2008
Ya' know that old trees just grow stronger, And old rivers grow wilder ev'ry day. Old people they just grow lonesome Waiting for someone to say, "Hello in there, hello."- John Prine (also sung by Joan Baez) I seem to...

When Siblings Won't Help With Elder Care

Posted on September 09, 2008
It's a common scenario for families with aging parents who need care - one or two siblings take on the bulk of the work, whether due to proximity, scheduling, expertise or just a sense of duty. And then there are...

Project Lifesaver Comes to Hingham

Posted on September 04, 2008
Today's Hingham Journal reported that the Hingham Police and Fire Departments are now offering Project Lifesaver, a program that can locate a wandering child or adult. The adults or children who are at risk for wandering, either because of dementia,....

Preparing For Fall

Posted on September 02, 2008
As you ready to send your kids off to school (kindergarten to college) you'll want to make sure you've taken care of a few things: For any minor children, have you signed an Emergency Guardianship Proxy appointed a guardian in...

Reverse Mortgage Information for Consumers

Posted on August 20, 2008
The Commonwealth of Massachusetts has launched a new website to help consumers make wise choices about Reverse Mortgages. The site explains that a "reverse mortgage loan is a special type of mortgage loan for seniors (generally age 62 and older)...

The Arc of the South Shore - Rally for Respect

Posted on August 12, 2008
The Arc of the United States and The Arc of the South Shore are calling for a National Rally for Respect to protest DreamWorks' recent release of the movie "Tropic Thunder".The film features the prominent use of the R-word and...

Make Life Easier for Your Heirs

Posted on August 05, 2008
The Boston Globe has a recent feature outlining 8 ways to make life easier for your heirs after you pass away. The things they recommend are: Write a will and keeping it updated, Compile all important information in a notebook...

Single, Childless and Growing Older

Posted on July 30, 2008
People often assume that their children will take care of them as they age. Those without children may worry who will take care of them. The New York Times has a recent post on their new blog The New Old...

New York Times Blog Addresses Caring for Aging Parents

Posted on July 07, 2008
The New York Times has a new blog, The New Old Age, which will address the concerns of children who find themselves caring for their aging parents. (You may need to register to access the site, but it is free.)...

Nursing Home Residents' Rights & The Ombudsman Program

Posted on July 02, 2008
When you or a loved one is admitted to a nursing home in Massachusetts, either for short term rehab, or a long term stay, you should know that every nursing home resident has rights, and every nursing home has an...

More Thoughts on Choosing a Guardian for Your Child

Posted on June 30, 2008
One of the most important reasons that parents of minor children need to make a Will, is to name guardians to care for their children in the event neither parent is available. Sabrina Winters, who writes the North Carolina Estate...

Planning Your Funeral On-Line

Posted on June 26, 2008
You can do everything else on-line these days - shop, communicate with friends and strangers, read the news, pay your bills, find a mate - and now you can plan your funeral on-line with MyWonderfulLife. As the site explains: Whether...

Terry Schiavo, Part 2?

Posted on June 24, 2008
The Palm Beach Post in Florida is reporting a case that is similar to the Terry Schiavo case of a few years ago. Both cases involve a young woman who has become incapacitated and did not leave behind written instructions...

Geriatric Care Managers - An Important Part of the Team

Posted on June 10, 2008
When caring for an elderly loved one, a team approach is often best. Each player - the doctors, nurses, home care providers, attorneys, financial planners and caregivers all their their roles. The New York Times has a recent article about...

Should You Put Burial Instructions in Your Will?

Posted on June 06, 2008
I often have clients ask me if they should include their burial wishes in their Wills. I always tell them "no." Your Will is the document that outlines how you want your property divided after your death, and hopefully it...

Leaving Behind More Than Just Things

Posted on June 04, 2008
When people die, they leave behind more than just "things". More than just photos and furniture and money and houses and pets and clothes and clutter. They leave behind things that were never said (and now can never be said),...

Traveling Without The Kids This Summer?

Posted on May 26, 2008
Are you taking a vacation without your children this summer, even a weekend away? Make sure you have the proper documents in place so that whoever is caring for your children has the authority to obtain medical care for them...

Need the Perfect Wedding Gift?

Posted on May 22, 2008
Tired of the same old items on a wedding gift registry? An article in the Boston Globe points out that some couples are looking to register for more useful things - like legal services. It makes sense; once you are...

Speaking Engagement - Divorce and Estate Planning

Posted on May 12, 2008
Just a reminder that I will be speaking at the Suddenly Single Retreat in Boston on June 29, 2008 on the topic of Estate Planning and Divorce. Click on "events." Note that the site has music playing, so you may...

Joanne Koenig Coste Podcast - Sustaining Hope Amidst Alzheimer's

Posted on May 09, 2008
The Patriot Ledger has an article about the Hingham Alzheimer's Event which contains a podcast by Joanne Koenig Coste about staying positive and in the moment while living with and loving someone with Alzheimer's Disease. She stresses the importance of...

Driving and Aging

Posted on May 08, 2008
Jessica Foley, an attorney in Quincy, has a recent post about driving when your mobility is impaired. While there are sometimes when physical issues that make driving unsafe, there are many times when you can still drive even though you...

Teleseminar - How To Be Your Own Generational Coach

Posted on May 07, 2008
AgeWise Living is offering an 8 week tele-seminar on becoming your own generational coach. This tele-seminar is for you if you are caring for a loved one and are having some of the following issues: Are you a member of...

How Clear Are Your Last Wishes?

Posted on May 05, 2008
This is the title to a recent New York Times health blog post. (You need to register to read it, but it is free.) The author recounts her experience with her family trying to deal with her grandfather's illness and...

The Importance of Naming an Alternate Beneficiary in Your Will

Posted on April 29, 2008
I have posted before about the importance of naming an alternate beneficiary on your life insurance policies, so that the proceeds can be distributed to someone else in the event that the primary beneficiary predeceases you. However, it is likewise...

Setting Up A Burial Account In Massachusetts

Posted on April 25, 2008
Under Medicaid, or MassHealth, regulations, the applicant is allowed to have $1500.00 in a "Burial Account." However, if you go down to your bank and ask to open a "Burial Account", they may look at your strangely and not know...

Misconceptions about Medicaid

Posted on April 22, 2008
The Patriot Ledger has a blog written by Sue Scheible called A Good Age. Sue writes about various issues affecting the elderly, including caring for her aging father. She recently had a post about some misconceptions about Medicaid/MassHealth. I commented...

Want to Give, But Not Sure Which Charity to Choose?

Posted on April 16, 2008
If you are wanting to make a charitable donation, but aren't sure about which charity to choose, or you want to check on a charity to see what they spend on administrative costs and overhead - try a website like...

April 3 Caregiving Event In Hingham

Posted on March 21, 2008
?Relax, Renew, Refresh? Practical Techniques for Caregiver Stress Relief Join The South Shore Caregiving Collaborative for a free dinner & presentation: Location: Glastonburry Abbey 16 Hull Street, Hingham, MA Date: April 3, 2008 Time: 5:30 pm -7:30pm Featured Speaker Stacey...

New Massachusetts Medical Certificate for Guardianships

Posted on March 21, 2008
The Massachusetts Probate Courts have come out with a new, much more comprehensive, medical certificate to be used when petitioning for a guardianship of a person. The old form was 2 pages, and consisted mostly of blank lines, which left...

Speaking of Divorce and Estate Planning....

Posted on March 19, 2008
I will be speaking at the Suddenly Single Retreat in Boston on June 29, 2008 on the topic of Estate Planning and Divorce. Click on "events." Note that the site has music playing, so you may want to mute your...

Free AgeWise Living TeleSeminar - Wednesday Night

Posted on March 11, 2008
AgeWise Living offers free monthly teles-eminars on a variety of topics for caregivers and children of aging parents. Barbara Friesner is hosting a seminar on Wednesday March 12, 2008 at 7pm eastern time on Helping Your Loved One Get What...

Estate Planning and Divorce - Tips on Trusts for the Family Law Attorney

Posted on March 10, 2008
Many times in a divorce, one or both parties will be required to set up a trust to hold funds for the minor children's college education. I've been contacted by divorce attorneys after the divorce to draft such trusts based...

Estate Planning and Divorce - Part 2: Post Divorce

Posted on March 07, 2008
See first post in the series here. You are nearing the end of your divorce, the final hearing or settlement is in sight. The last thing you want to do is hire another attorney, write another check out of your...

Estate Planning and Divorce - Part 1

Posted on March 06, 2008
If you are separated from your spouse, filing for divorce, or even just contemplating it - you need more than just a divorce attorney. You need to visit with an estate planning attorney to make some critical changes to your...

Economic Stimulus Check Resources for Seniors and Those on Medicaid/MassHealth

Posted on March 03, 2008
Thanks to Patti Dudeck, for her post about Social Security recipients needing to file their 2007 Tax Returns before they will be able to receive their economic stimulus check. The AARP has a page with answers to questions about the...

Information Binder for Parents and Children

Posted on February 29, 2008
I recently had a client who was having surgery, and was leaving her pets in the care of some friends. She left extensive instructions about what her pets eat, what they are allergic to, who their vets are, their medical history and current issues, and any quirks they have such as a favorite toy or special sleeping place...

Caring for the Caregiver

Posted on February 26, 2008
Whether you are caring for an aging parent, small children, or just yourself - everyone can use time for themselves to regroup and recharge.  One way that I like to recharge is with a short yoga practice during the workday.  Stacey Shipman of Let It Flow  has a great 10 minute Yoga At Your Desk podcast which will leave you feeling refreshed and ready to face the rest of your day...

Driving While Elderly

Posted on February 25, 2008
There has been a lot of talk in the local media about elderly drivers lately, and a push to require more frequent testing and stringent standards.  Whether you are an older driver concerned about your eyesight or coordination, or a caregiver becoming more nervous about a loved one's driving ability - remember that all drivers, of all ages, need to be safe on the road and to keep others safe...

Making Sure Your Paper Work is Signed

Posted on February 15, 2008
I recently heard a story about a man who had passed away suddenly, leaving behind a young adult daughter.  He had been at a job that had offered him life insurance and certain other benefits when he retired a few years back.  However, as the grieving daughter began to sort through things, she realized that he had never signed any of the paperwork that would have put these benefits into effect...

Appointing More Than One Person As Agent in Your Documents

Posted on February 05, 2008
One of the decisions that my clients often find the hardest to make working on their Wills, Powers of Attorney and other estate documents is deciding whom to appoint as the agents in those documents.  The agent (or Executor in a Will) is the person who act on your behalf in the event you are unable...

What are you leaving behind? Thoughts on decluttering as part of planning.

Posted on January 29, 2008
I posted recently about the health effects of clutter on the person living with the clutter.  However, the effects of your clutter live on even after your death.  This blog, Confessions of a Hoarder, has a post describing the process of trying to declutter an estate after a person's death...

New Medical Students Learning to Care for Aging Patients

Posted on January 28, 2008
The Boston Globe has an article today about medical schools focusing on the care of the elderly.   Some of the course work includes a focus on hip fractures, drug costs, and discussing end of life issues with their patients.  The new emphasis on aging is part of a wave of change sweeping medical schools nationwide as they focus - many for the first time - on preparing all newly minted doctors to treat the growing population of older Americans...

Do you know where your Will is?

Posted on January 25, 2008
I often meet with clients who have Wills that were drawn up 20, or more, years ago.  Usually the clients have copies of the Will and the originals are with the attorney who drafted the Will.  And many times the clients have moved around since the original drafting, and many more times the attorney has moved offices, or even retired...

Stories of Harm - Health Care Quality Videos

Posted on January 14, 2008
My friend and former colleague Nicola Truppin of Health Navigator Partners sent me the link to the Health Care for All blog which has a recent post about people who were harmed while getting medical treatment at prominent Boston hospitals, either through misdiagnoses, medical errors or preventable infections...

Family Caregiver Handbook - Free Online Resource

Posted on January 11, 2008
The MIT Workplace Center has recently published a Family Caregiver Handbook, which is available for free viewing on-line.  The handbook deals with such matters as Financial and Legal Issues, Home Health Care & End of Life Care, Caregiver Support, Housing and Transportation, and How to Get Involved...

Green Burials

Posted on January 10, 2008
More people are going green these days - recycling, buying less, driving cars with better gas mileage, and just being good to the earth.  So it makes sense that these same people would not want to have a burial that causes pollution or involves toxic chemicals...

Charitable Giving - Being Specific with Your Wishes

Posted on January 07, 2008
Many of my clients want to remember certain charities in their Wills or Trusts.  They may say "I want to leave money to my church" or "I'd like to set aside some funds for the Salvation Army" or perhaps another charity that has local and national branches...

Setting Goals, Not Resolutions

Posted on January 04, 2008
People like to set resolutions for the New Year - lose weight, spend more time with family, get their estate plan in order, put finances in order.  But resolutions always seem to fade by February. Maybe it's because they are too vague, too big, too unwieldy...

Health (and other) Effects of Clutter

Posted on January 02, 2008
The New York Times had a recent article on the health effects of clutter.  The article points out that if you can't find your shoes, you certainly won't be able to go walking, and if you can't find your medications or other instructions from your doctor that could be harmful to your health as well...

ABA Guide to Wills and Estates

Posted on December 19, 2007
The American Bar Association has book called the Guide to Wills and Estates available for downloading from their website.  The book guides you through the different estate planning tools, and talks about how planning now makes things easier for your family later...

Information Needed for MassHealth/Medicaid Application

Posted on December 17, 2007
If you or a loved one find yourselves needing to apply for Medicaid (also called MassHealth) coverage for a nursing home stay, or think you might have to in the future,  you must be prepared for the extensive amount of information required by MassHealth...

Understanding What You are Signing

Posted on December 11, 2007
I often hear from people that they have some sort of estate plan in place, but they aren't sure what's in it because they didn't really understand what they were signing, and they haven't looked at it since they left the attorney's office months or years ago...

Should You Discuss Your Plans with Your Children?

Posted on November 12, 2007
Clients often wonder if they should share their estate plans with their children. Now, these are not clients who are setting up elaborate trusts with millions of dollars that will flow down to future generations, these are just regular people who worked hard all of their lives and are now trying to figure out how to best divide up their estate...

Changed your mind? Make sure you change your will.

Posted on November 12, 2007
The Boston Globe had an article today about a Rhode Island man who had disinherited his two young children, and their mother's fight in court to obtain some of the estate for their use.  What struck me about the article were the last few paragraphs: Family members on both sides of the dispute agree on one thing: Corky Sliwkowski loved his daughters dearly...

Important Coversations to Have with Loved Ones

Posted on November 08, 2007
With the holiday seasons coming up, many people will be traveling home to see parents or aunts and uncles. At this time, you may notice that things have changed since you last saw them.  While it can be difficult to talk about changes, and to see them in yourselves and your loved ones, it's important to realistically assess the situation...

Probating an Estate in Massachusetts

Posted on November 06, 2007
Probating an estate is the process by which a person's Will is delivered to the Court, allowed by the court, an executor is appointed, and the person's property is distributed according to their Will.  If the person has no Will, the process, called estate administration, is similar and the property is distributed  according to state law...

Free Alzheimer's Coaching Services

Posted on October 30, 2007
Part of the difficulty of having a loved one with Alzheimer's is adapting your own actions and expectations to the changing behavior of the person with Alzheimer's.  A coach can help you with that. Thanks to funding from a Title IIIE Older Americans Act Grant, Alzheimer Coaching Services is able to offer up to three in home coaching visits free of charge...

Planning for the holidays when a loved one has Alzheimer's

Posted on October 24, 2007
The holiday season is coming upon us (or is already upon us if you count the Red Sox being in the World Series a holiday).  If you have a loved one with Alzheimer's or other memory issue, some traditions may need to change in order to make things easier (and safer) on yourself and your loved one...

When Do you Buckle Your Seat-Belt?

Posted on October 02, 2007
Do you buckle your seat belt when you get in the car?  It's easy, doesn't take much time, and you know you'll be protected in the event of an accident.  Do you figure that since things are fine now, you'll wait to fasten your seat belt until you feel the car start spinning out of control? Unless you have the reflexes of Superman, you probably won't have enough time...

Paperless Records can Leave Heirs in the Dark

Posted on September 14, 2007
This article from the Wall Street Journal, Paperless World Can Leave Heirs in the Dark, outlines the dangers of keeping all your records on your computer.  With online bank accounts becoming more common, there might not be paper statements of your accounts, and if you don't leave a record of them, your heirs might never know you had them...

Quality Rating Tool for Massachusetts Nursing Homes

Posted on August 23, 2007
Choosing a nursing home for yourself or a loved one, either for a short-term stay after a hospital visit, or for a more permanent placement can be overwhelming.  You can talk to your neighbors, get recommendations from doctors and look on-line for facilities in your area...

Another Reason to Plan Ahead

Posted on August 15, 2007
Sometimes, the first time I meet a client is in the nursing home or hospital following a crisis.  The person's spouse or child or friend has called me to meet with their loved one and draw up the necessary legal documents - a health care proxy, power of attorney, will or trust, maybe a Medicaid Application- while the client is still capable of making decisions and signing documents...

Why You (yes, you) Need a Will

Posted on August 13, 2007
I sometimes have people say to me, "It's just me and my wife, we have no kids yet, and if I die all my stuff goes to her. We don't need Wills."  This makes me cringe, because I have seen what happens in this situation, and related ones, if there is no Will...

"Do I Need a Health Care Proxy If I am Married?"

Posted on August 08, 2007
Through the magic of technology, I can tell what people are searching for on the Internet when they find my website.  One of my visitors googled "do I need a health care proxy if I am married?"  I'm not quite sure why the person thought they might not need one just because they were married, and the answer is a resounding YES! A health care proxy is a vital document for everyone over 18...

Estate Planning When Your Child is an Addict

Posted on August 01, 2007
People often consider putting an estate plan together when they are going through a crisis. But how often do they think about doing (or re-doing) their estate plan when their child is in crisis?  A recent article in the Boston Globe about parents of heroin or oxycontin addicts who have formed support groups made me wonder how many of these parents have changed their Wills, Trusts, or life insurance policies  to reflect the crisis that their children are in...

The Perfect Wedding Gift?

Posted on June 15, 2007
Tired of the same old items on a wedding gift registry? A recent article in the Boston Globe points out that some couples are looking to register for more useful things - like legal services.  It makes sense; once you are married you'll need a Will, perhaps to update your health care proxy and power of attorney to appoint your new spouse, maybe you need assistance with getting your names changed, or you want to put the house in both names...

You Have a Plan in Mind, but Do You Have a Plan in Place?

Posted on May 25, 2007
I was speaking with someone from the Planned Giving Department of the Salvation Army today.  She was relaying the story of a woman who wanted to leave a donation to the Salvation Army in her Will.  She had an old Will that left her money to some nieces and nephews, she also had several bank accounts that named one niece as the beneficiary on the account (the person who was to receive the money upon her death), and she had a hand written note listing who she wanted her money to go to, including the Salvation Army...

Talking to Your Family About Your Estate Plan

Posted on May 21, 2007
In addition to meeting with your attorney to discuss your estate plan (your Wills, Durable Powers of Attorney, Health Care Proxies, Trusts, etc.) you should also talk with your family about your plan.  If you have children you are appointing as executors or agents, they need to know this and should agree to be appointed...

"It's like a second job"

Posted on May 18, 2007
This is what one of my client's children said to me last month as she and I were leaving the nursing home after visiting her father.  It is indeed like a second job, although instead of getting paid, you are the one who is paying - in time away from your job, your spouse, your kids, in the emotional toll of having to parent your parent whose health and mental status may be declining, and in trying to navigate the maze of medical terminology, health insurance or public benefit requirements and coverage guidelines...

Moving Parent to a Different State - Make Sure to Review Estate Documents

Posted on April 04, 2007
If your parent is moving to a different state, or you are moving your parent here from out of state, one of the first things you should do is have an elder law attorney review their Durable Power of Attorney, Health Care Proxy and Will or Trust to make sure they conform to the requirements of the new state, and take into account the changes that might be down the road...

Living With Alzheimer's Disease

Posted on April 02, 2007
The New York Times recently had an article about living with Alzheimer's Disease after diagnosis but while the person is still able to carry on conversations, and go about their daily life, although with small but growing differences.    One important step to take during this time, is to make sure that you have you Health Care Proxy, Living Will, Durable Power of Attorney and Will or Trust set up...

Estate & Retirement Planning Seminar

Posted on March 08, 2007
THIS SEMINAR TOOK PLACE IN 2007. Leanna Hamill, Attorney at LawInvites you to join her for a special educational workshop featuring presentations on Long-Term Care, Retirement, and Estate Planning TUESDAY, MARCH 27TH, 2007 6:00P.M. TO 7:30PM. Presenting will be: Leanna Hamill, Attorney At LawLEAVING A LASTING LEGACY WITH ESTATE PLANNING STRATEGIESLeanna is an elder law and estate planning attorney in Hingham...

New Local Web-zine, with a Focus On Parkinson's Disease

Posted on March 05, 2007
Cindy Beth Bittker, the creator of the new web-zine Hull Magazine, has put a special focus on Parkinson's Disease in her online magazine.  In addition to containing tons of information about the lovely little seaside town of Hull, the magazine also offer articles on Parkinson's and links to Parkinson's support groups and other resources...

A Financial Checklist for Parents of Children with Special Needs

Posted on February 23, 2007
Financial and estate planning is important for every family, but more so for those families who have children with special needs.  MassMutual has a recent article on Helping to Build the Financial Future of Your Child with Special Needs, which provides a checklist for parents to consider when planning...

Preparing for the Estate Planning Meeting

Posted on February 15, 2007
You've scheduled an appointment with your attorney, and the meeting to talk about your estate plan is next week.  You have the information form she asked you to fill out, but in addition to listing your assets and income and children, there are other things to think about that don't fit so nicely into a box on a form...

Love Matters

Posted on February 13, 2007
My friend, Ann Quinlan, of Healthy Aging Matters has written a guest post today, in honor of Valentine's Day. LOVE MATTERSAnn V Quinlan During this month of February florists, chocolate and card vendors move into action and become instamatic cupids and messengers of love...

So, Your Kids Want You to See an Elder Law Attorney?

Posted on February 12, 2007
Many of my clients come to me by way of their children. Their adult children start worrying about their parents ?getting their affairs in order? and they call or email me, maybe they even make the appointment.  You may find this helpful, you may find this meddlesome, or somewhere in between...

Old Enough for an Elder Law Attorney?

Posted on February 10, 2007
I often have people ask me, "how old do you have to be to need an elder law attorney?" I usually say that there is no age limit, and if you think you might get old some day, you need an elder law attorney.  I have some clients who are in their 40's, but want to do some long term planning to make sure they will have enough to live on when they retire, and they have questions about long term care insurance and what that pays for...

More on Caregiving from a Distance

Posted on February 09, 2007
Has your mom taken her medication today? Did the nurse show up at your dad's on time? Did your aunt fall?  If you live next door or down the street, you can easily find this information. But if you are at the other end of the state or across the country it's more difficult to know without making 37 phone calls a day...

Free Teleseminar on Communicating Across Generations

Posted on February 07, 2007
Age Wise Living, a generational coaching company has two recorded seminars on their website called "You're Not Hearing What I'm Saying" which deal with communicating across the generational divide and communicating through the emotion.  This coaching can be useful when trying to figure out how to broach difficult subjects with your aging parents - from helping them keep track of their finances and medical records, to suggesting they move into an assisted living facility...

Trying to Help from 1500 Miles Away

Posted on February 05, 2007
Many of my readers, and some of my client's children, are in the unfortunate position of trying to locate services and provide support for their loved ones who live very far away. While it can be easy locate home care providers, day centers, and assisted living facilities on the internet, it can be very difficult to determine whether these are the appropriate fit for your loved one...

Guardianship - Authority and Responsibility of the Guardian

Posted on January 31, 2007
In general, the guardian has complete control over the financial, medical and personal decisions of the ward. This includes where the ward will live, how the ward's money is spent, and making routine medical decisions for the ward. A ward has no more authority to make these decisions for themselves...

Guardianship of An Aging Parent - the Process

Posted on January 29, 2007
Having to consider a guardianship over an aging parent is difficult, although sometimes necessary.  In most cases, if someone has a comprehensive durable power of attorney drafted and a health care proxy in place, that should do away with the need to pursue a guardianship...

Choosing Guardians for Your Child with Special Needs

Posted on January 26, 2007
Choosing a potential guardian for a child is no easy task for any parent, but it may be even more difficult for a parent of child with special needs.  In addition to things like "will my kids be comfortable in their home?" you also have to consider do the guardians live near my child's medical providers? do they live near better (or less stellar) medical providers? would the guardians be willing to learn the procedures necessary to care for my child's feeding tube, catheter, or other medical devices? could the guardians handle my child's hyperactivity or bi-polar disorder? are they willing to learn? have I left enough resources either through life insurance policies or other means so that the guardians could renovate their house to accommodate my child's wheelchair, pay for a nurse or other home help to come in and assist them in learning how to perform any special procedures, or even stop working to care for my child full time? have I spoken to the proposed guardian to make sure they are comfortable with taking on these additional responsibilities in the event of my death? The proposed guardian does not have to be able to do all those things now, but they do need to love your child and be willing to learn to raise a child with special needs - whether they are medical, neurological, or a combination...

Free Booklet on Caring for An Aging Loved One

Posted on January 10, 2007
The Federal Consumer Information Center has a free booklet on Caring For an Aging Loved One. It has advice on changes to lookout for, how to develop a care plan, organizing documents and managing your loved one's affairs, as well as community and other housing options...

Organizing Your Financial Life - Month by Month

Posted on January 04, 2007
January is a great time to get organized and make plans for the year.  Attorney Joel Schoenmeyer, who writes the Death and Taxes Blog in Chicago, has a recent post called Organize Your Financial Life in 2007.  He lays out, month by month which tasks you should tackle such as making an appointment with a financial planner, meeting with your accountant, getting your taxes in order, opening a safe deposit box, reviewing your insurance policies, and more...

Why Am I In the Waiting Room?

Posted on January 02, 2007
If you bring your parent to an appointment with an elder law attorney, you might want to bring a good book or your knitting.  This is because you may be sitting in the waiting room for most of the meeting. The American Bar Association explains why in their pamphlet Why Am I Left in the Waiting Room?, which outlines the "Four C's" of elder law ethics that lawyers are required to follow: Client Identification:  The most important thing for an attorney to convey in the initial meeting is "who is my client...

New Year's Resolutions

Posted on December 29, 2006
People make New Year's Resolutions about a lot of things - getting in shape, stopping smoking, getting organized, drawing up their Will and other planning documents.  And just as your personal trainer can give you information about the best way to get in shape and guide you on your way, your doctor can offer assistance in stopping smoking and your local organizing whiz can help you find the best way to manage your paper - your attorney can help you figure out the best way to form your estate plan...

When Someone Dies

Posted on December 14, 2006
"I don't know exactly what it is you do when someone dies" - Edna St. Vincent Millay, Sonnets from an Ungrafted Tree. Like the narrator in Edna's sonnet, people know that there are things that need to be done when someone dies ,but they don't know what those things are, or they feel overwhelmed and don't know what to do first...

Managing Your Parent's Finances

Posted on December 01, 2006
If you find yourself in the position of having to take over the management of your parent's finances, this recent article by Bankrate is a good place to start.  It lists the 8 steps you should take:1. Find All of Your Parent's Financial Accounts and Documents2...