Planning for Life

Rebecca J Benson

Recent Posts

Your Must-Have Checklist if You Need Guardianship When Your Child with Special Needs Turns 18

Posted by Rebecca J Benson on January 30, 2018

iStock-511059238.jpg

By Rebecca J. Benson

Every child automatically becomes an “adult” in the eyes of the law as soon as the child turns 18 – an unnerving thought for many parents.  Parents of a special needs child need to consider whether their child will need a legal guardian, even after turning 18.  Our comprehensive “how-to” checklist will help you determine whether guardianship is needed and outline the steps for obtaining the necessary Massachusetts court appointment:

Read More

Topics: guardianship, special needs planning, disability, Special Needs Child, proxy

CMS Protects Nursing Home Residents’ Right to a Jury Trial

Posted by Rebecca J Benson on October 17, 2016

Frail nursing home residents and their stressed family members are routinely asked to sign a stack of densely-printed documents at the time of admission, without adequate time to review them or consult with counsel. They often do not realize that the agreements include binding arbitration provisions. Although this might sound benign, arbitration requires a waiver of the fundamental constitutional right to a jury trial, even if the resident later suffers serious injury, medical malpractice, or wrongful death. 

Read More

Topics: long-term care planning

Health Care Agents Cannot Bind Nursing Home Residents to Arbitration

Posted by Rebecca J Benson on September 9, 2014

The Massachusetts Appeals Court has ruled that an agent named in a health care proxy lacks authority to agree to arbitration on behalf of a nursing home resident in a wrongful death case. Barrow v. Dartmouth Nursing Home (Mass App. Court No. 13P-1375, August 18, 2014). The Court noted that the Supreme Judicial Court had recently defined the standards for authorizing arbitration agreements and distinguished them from other forms of agency authority, including those governing health care proxies and the signing of ordinary nursing home admission agreements. Johnson v. Kindred Health Care (Mass., No. SJC-11335, Jan. 13, 2014); and Licata v. GGNSC Malden Dexter LLC (Mass., No. SJC-11336, Jan 13, 2014) (Click here to learn more about the agreements).

Read More

Topics: long-term care planning, nursing homes, Estate Planning

Subscribe to New Blog Posts

Recent Posts

Most Popular Posts

Posts by Topic

see all