Planning for Life

Nursing Home Physician Cannot be Compelled To Arbitrate Malpractice Claim

Posted by Alexandra Lowe on July 22, 2014

In a recent decision, the Appeals Court of Massachusetts, in Walker v. Collyer, 85 Mass. App. Ct. 311 (2014), holds that physician Charles Walker cannot be compelled to arbitrate a medical malpractice claim despite an arbitration agreement signed by the senior health care facility at which he treated patients.  He had not signed the agreement. 

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Topics: nursing homes

The New Elder Law: Stay-At-Home Planning

Posted by Harry S. Margolis on January 21, 2014

By Harry S. Margolis

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Topics: nursing homes, MassHealth, MassHealth planning, long-term care planning

Supreme Judicial Court Hears Oral Argument in Nursing Home Cases

Posted by Rachel Sandler on September 13, 2013

By Rebecca J. Benson

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Topics: Estate Planning, nursing homes

Should I Buy Long-Term Care Insurance?

Posted by Sarah Foster on August 7, 2013

By Sarah Foster

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Topics: long-term care insurance, nursing homes

How to Make Gifts to Grandchildren - Massachusetts

Posted by Harry S. Margolis on May 28, 2013

By Harry S. Margolis

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Topics: nursing homes, Grandchildren, Estate Planning

Should You Prepare a MassHealth Application Yourself? - Massachusetts

Posted by Harry S. Margolis on March 12, 2013

By Harry S. Margolis

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Topics: nursing homes, MassHealth planning

Pay Your Mom's Nursing Home Bill or Go to Jail - Massachusetts

Posted by Harry S. Margolis on March 5, 2013

By Harry S. Margolis

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Topics: MassHealth, long-term care planning, nursing homes, special needs planning

Nursing Home Enforces Doctrine of Necessaries -- Massachusetts

Posted by Harry S. Margolis on January 9, 2013

By Harry S. Margolis

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Topics: nursing homes, MassHealth planning

Do You Live in a NORC?

Posted by Harry S. Margolis on October 3, 2011

By Harry S. Margolis

I recently met with a new client who commented that she lives in a NORC.

"A what?" I asked.iStock-474949592.jpg

"A Naturally Occurring Retirement Community," she responded.

She explained that she and her neighbors in the apartment complex where she lives are all getting older.  Without a lot of people moving in and out, the facility is taking on the demographics of a retirement community.

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Topics: seniors, Retirement Planning, long-term care planning, nursing homes

Does a Health Care Proxy Trump Guardianship

Posted by Harry S. Margolis on August 12, 2011

By Harry S. Margolis

We had an inquiry from a nursing home about whether a guardian needed court approval to move a nursing home resident to another facility when she also had a health care proxy.

Under the Massachusetts guardianship law, guardians must first seek court approval before placing the protected person in a nursing home. However, agents under health care proxies have the right to make health care decisions for individuals and, presumably, this would include placement in a nursing home.

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Topics: guardianship, nursing homes

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