While the condition of Alzheimer’s might take a different path for each person who is diagnosed with it, as a loved one of someone who is suffering, you should be prepared to know what to expect. As a Massachusetts elder lawyer can tell you, there’s a lot to think about when a family member’s cognitive… Read More »
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What If a Personal Representative Does Not Want to Serve in an Estate?
If you have been named as the executor of another person’s estate this does not mean that you must serve as the personal representative. You have a choice about being appointed in this role and since the court does still need to appoint you, it’s a good idea to get legal counsel and discuss what… Read More »
What is Breach of Fiduciary Duty?
An executor (formally known as a personal representative in Massachusetts) is a person appointed to handle the administration of your estate. When they violate specific laws or ethical considerations this may count as a breach of fiduciary duty. A breach of fiduciary duty dispute occurs when a person who is responsible for managing a will,… Read More »
When Does My Loved One with Dementia Need Memory Care?
When most family members are diagnosed with dementia, the symptoms are mild to moderate. Spouses, children, grandchildren, and other family might step in to help support the overall safety and health of the loved one at that point. But there might also come a time when the dementia diagnosis is so serious that it requires… Read More »
Can I Avoid Adult Guardianship by Establishing a Trust?
One of the most powerful ways to avoid a court supervised guardianship if you were to become mentally incapacitated is to create and fund a revocable living trust. It’s important to recognize that the person installed in the role of guardian is not the same as a guardian although a person who is mentally incapacitated… Read More »
Reasons to Use a Memorandum of Trust
If you’ve chosen to create a revocable living trust as part of your estate plan, this affords a great deal of privacy, which can be amplified by creating a memorandum of trust. This memorandum is a synopsis of the entire trust document which allows assets to be transferred inside the trust while also preserving the… Read More »
What Are ADLs & What Do They Have to Do with Long Term Care?
If you or a loved one is in the process of attempting to qualify for long term care support in Massachusetts, there will be several different terms with which you’ll need to become familiar. One of these is ADLs. ADLs refer to activities of daily living and the evaluation of these ADLs can help you… Read More »
Tips for Advanced Planning for a Person with Dementia
The rate of decline in dementia can make it very difficult to accomplish your estate planning outline and strategies once your diagnosis has already progressed. The tips in this article should give you some insight over how you can plan well and advance in the early stages of when someone appears to be showing the… Read More »
Do We Need a HIPAA Authorization Form as Part of Our Estate Plan?
Did you know that without some advance planning, you might not be able to receive information about a loved one’s medical care and status if they’re unable to speak for themselves? While no family wants to wind up in this situation, it can happen easily if your loved one is unconscious, enters a coma, or… Read More »
How Is Incapacity Evaluated in MA?
Incapacity is an important term as it relates to estate planning. The existence of a power of attorney enables you to authorize someone else to make medical decisions on your behalf if you are incapacitated and unable to do so. Many estate planning instruments like this become active when the person who created it becomes… Read More »