The MassHealth Board of Hearings ruled in favor of Attorney Sarah Hartline’s client last week in a case involving a transfer of assets from a nursing home resident to her son and a question of whether the transfer was done with the intent to qualify for MassHealth benefits, which would result in a significant disqualification period.
Read MoreTopics: nursing homes, Massachusetts, MassHealth, elder law, Medicaid, disqualifying transfer
Topics: Estate Planning, elder law, merger
On his HBO show, Last Week Tonight with John Oliver, the host provided a scary and funny explanation of how guardianship works, ending with a public service announcement by William Shatner, Lily Tomlin, and others explaining steps you can take to avoid the guardianship.
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Topics: long-term care planning, guardianship, family caregiving, elder law, elder care, healthcare
At a recent conference of the National Academy of Elder Law Attorneys, I spent some time catching up with my old friend and colleague, Paul Sturgul.
Paul practices in a very different part of the country from me—in Hurley, Wisconsin, as opposed to Boston's Back Bay. Hurley, which has just over 1,500 residents, is about 100 miles east of Duluth, Minnesota, near the southern shores of Lake Superior. (If you think we've been having a long winter, the average high temperature in Hurley in March is 25 degrees and the average low is 15.)
While Paul has to drive a lot further to see his clients (he has a second office in Ashland, 38 miles from Hurley), what we do for our clients is surprisingly similar. Here's how Paul describes the essence of elder law:
In Mary Ellen Gioia v. Richard D. and Ann L. Ratner, the Essex County superior court in Massachusetts refuses to dismiss a lawsuit brought by a registered nurse who claims she was injured by a patient in her care. She brought the suit against the patient, Richard Ratner, and his wife and health care agent, Ann Ratner. Judge Diane M. Kottmyer rules that the suit against Mr. Ratner can move forward but dismisses the claim against his wife.
Read MoreTopics: caregiving, dementia, incapacity, seniors, deficit, hospital care, elder law
Seniors often become susceptible to financial abuse as the result of increased dependency due to illness, disability, or cognitive impairments. They also often have a nest egg that they've accumulated over decades, which can make them a target for predators, whether an offshore bogus sweepstakes or a care provider who sees an opportunity to be paid more than an hourly wage.
Read MoreTopics: Estate Planning, financial planning, elder law
Have estate planning questions? If so, read: Get Your Ducks in a Row
