Elder Law Attorney in Worcester, Massachusetts
At The Law Office of Polly Tatum, our elder law attorneys put families first from birth to death in and around Worcester, Massachusetts, drawing upon more than 24 years of experience.
Elder Law
Elder Law Attorney in Worcester, Massachusetts
As we age, we may confront different legal issues than when we were younger. One of the most critical aspects of estate planning is aligning your estate plan with your current situation, especially if you are aging. Has it been a while since you reviewed your estate plan? Do you count yourself among aging baby boomers? It’s time to consult an elder law attorney in Worcester, Massachusetts. An elder law attorney can help you evaluate the implications of aging on your estate plan.
For example, wills, powers of attorney, and living wills are legal instruments that provide guidance to trusted loved ones concerning your health care preferences and financial decisions if you become unable to articulate them yourself.
The complexities of elder law, and how it can prevent legal problems later, can overwhelm many families — especially when it comes to securing the well-being and financial security of their beloved seniors.
At The Law Office of Polly Tatum in Worcester, Massachusetts, we provide personalized and holistic legal services tailored to meet the unique needs of our clients. With over 24 years of experience, our team offers comprehensive solutions in estate planning, elder law, asset protection, probate, and estate administration for peace of mind and protection for your legacy.
Our holistic approach goes beyond conventional estate planning by incorporating deep empathy and connection with our clients. We know from personal experience how vital it is to safeguard your loved ones and ensure peace of mind. As your dedicated partner, we provide unwavering support and clarity through every stage of life, adapting our services as your circumstances evolve.
Key Takeaways About Elder Law Cases in Worcester, Massachusetts
- Importance of Having a Will: A well-crafted, legally valid will honors an individual’s wishes regarding the distribution of their estate after they pass away, avoiding the default rules of intestate succession. An experienced elder law attorney can help you personalize your will by specifying the assets reserved for named beneficiaries, potentially preventing legal disputes among family members.
- Intestate Succession: If a person in Massachusetts dies without a will, intestate succession laws dictate the distribution of their estate, dividing it among the decedent’s closest relatives. This process may or may not align with your wishes, so consulting an experienced attorney to establish a will as part of a comprehensive estate plan is vital.
- Estate Planning Tools for Seniors: As a seasoned elder law attorney knows, establishing legal documents like health care directives and powers of attorney allows seniors to dictate their preferences and designate trusted individuals to uphold their health choices and financial decisions if they become incapacitated and unable to verbalize them later.
What is Elder Law?
The elder law practice area focuses on the legal issues affecting older adults and their families. Elder law attorneys guide their clients through multiple legal issues related to aging, such as long-term care, Medicare eligibility, Medicaid Planning, guardianship, trusts, and wills.
When you work with an elder law attorney, you’ll receive the support and informed counsel of a professional who can listen to the details of your unique circumstances, advise you of your legal rights, and offer advice concerning the right legal instruments for your estate plan.
At The Law Office of Polly Tatum, we practice elder law with a focus on helping older adults and their family members prepare for the future by engaging in comprehensive planning.
How Can Elder Law Attorneys Help Senior Citizens and Their Family Members?
As experienced elder law attorneys know, as we age, we may experience a decline in cognitive abilities and physical health. A qualified attorney can help you prepare for the unexpected, such as the inability to verbalize your health care decisions and engage in financial planning. With the right documents in place, you can direct trusted individuals to carry out your wishes.
Wills
As a knowledgeable estate lawyer can attest, a will is one critical component of estate planning. In it, you can outline:
- Your wishes for the distribution of your assets to named beneficiaries
- A guardian for your minor children or special needs adult children
- An executor/personal representative to handle estate administration
- Which people should be entrusted with specific tasks after your death
Without a valid will, your assets will be distributed according to Massachusetts intestacy laws, which may or may not align with your wishes. However, proper estate planning includes more than just a will.
Financial Planning and Powers of Attorney (POA)
Sadly, protecting yourself from financial abuse as you age is a necessary aspect of elder care law. When you work with an elder law attorney, they may recommend the following legal documents for your financial planning and protection.
Financial Powers of Attorney — With a financial power of attorney, you can appoint someone as your “attorney-in-fact” or “agent” to act on your behalf in financial matters. This person can manage your financial affairs, such as buying property or withdrawing money from your accounts, as if they were you. As an experienced attorney will advise, it’s crucial to choose someone trustworthy to prevent financial exploitation and understand the document fully before signing. As the principal (the person establishing the power of attorney), you can also limit or revoke the power of attorney as needed.
Durable Power of Attorney — As the name suggests, a durable power of attorney remains in effect even if the principal becomes incapacitated, allowing the designated agent to continue managing the principal’s financial affairs without interruption. Your elder law attorney may recommend this type of POA, which is particularly useful when planning for your long-term care and handling your financial matters consistently in case of illness or incapacity.
Health Care Directives
A qualified elder law attorney understands the importance of establishing health care directives to uphold your medical decisions and ease the burden on your family by removing all doubt about your preferences in an urgent medical situation.
- Health Care Proxy — a health care proxy allows you to appoint someone to make medical decisions on your behalf if you become unable to express them.
- Living Will — a living will, also known as an advance directive, expresses your preferences for end-of-life medical care and treatment if you cannot express them yourself.
- Medical Orders for Life-Sustaining Treatment (MOLST) — Massachusetts uses these forms to communicate a patient’s wishes regarding life-sustaining treatments. These directives respect and follow your health care preferences.
Long-Term Care Planning
Planning for long-term care offers the peace of mind of knowing you will receive the care you need in later years, despite the skyrocketing cost of nursing homes and assisted living facilities. Our elder care attorneys can assist you in navigating long-term care planning and its various options.
Medicaid Planning — Medicaid Planning is the process of preparing to qualify for Medicaid, a joint federal and state program that covers medical expenses for low-income individuals. Planning for Medicaid encompasses many different strategies, all designed to increase your chances of qualifying for the program.
Medicare Eligibility — The Medicare program features intricate rules and regulations. Working with a knowledgeable lawyer can provide clarity on the eligibility criteria and enrollment processes. If denied coverage, a lawyer can assist you with filing appeals.
Asset protection — To protect assets and become eligible for Medicaid, your elder law attorney may advise you to transfer assets into a trust to prevent them from being counted as income and disqualifying you from Medicaid.
Revocable Trusts — Also known as living trusts, revocable trusts allow the grantor (the person creating the trust) to maintain control over the assets placed within the trust during their lifetime. You can alter or revoke this type of trust as your circumstances change. Many clients use these trusts to avoid probate and facilitate a seamless transition of assets to beneficiaries.
Irrevocable Trusts — Less flexible than revocable trusts, irrevocable trusts cannot be modified or terminated without the consent of the beneficiaries once established. However, irrevocable trusts offer greater protection of assets because they generally shield them from creditors, reduce estate taxes, and help you qualify for Medicaid. In Massachusetts, the Medicaid look-back period is five years, or 60 months. During this time, the government scrutinizes any asset transfers. For this reason, an elder law attorney will advise you to establish and transfer assets into an irrevocable trust before this look-back period.
Special Needs Trusts — A special needs trust is a legal arrangement designed to provide financial support for individuals with disabilities without jeopardizing their eligibility for public benefits such as Medicaid and Social Security. Assets placed within this type of trust do not count against the resource limits set by Medicaid and Social Security, allowing beneficiaries to maintain their public benefits while still receiving additional financial support. For elderly clients, special needs trusts help secure a better quality of life.
Long-Term Care Insurance — Long-term care insurance covers the costs associated with extended care needs not typically covered by traditional health insurance or Medicare. It provides financial assistance for services like nursing home care, assisted living facilities, and in-home care, allowing individuals to receive the necessary assistance without depleting their savings.
Guardianship — An essential component of elder law, guardianship protects individuals who cannot manage their personal or financial affairs due to incapacity due to conditions like dementia or severe illness. The process of appointing a guardian involves a court proceeding where a judge determines the individual’s level of incapacity and the necessity for guardianship. An appropriate guardian is then appointed to make decisions on behalf of the elderly person.This guardian must safeguard the individual’s rights and well-being, and make decisions that support their best interests.
Do I Need an Elder Law Attorney in Worcester, Massachusetts?
While you’re not legally required to hire an elder law attorney, their profound knowledge and experience can help you make informed, legally sound decisions. Elder law attorneys focus on all aspects of elder law and stay abreast of changes in the law affecting your planning. Seasoned elder law attorneys will listen to the details of your unique situation and tailor a plan to secure your future.
At The Law Office of Polly Tatum, we recognize the emotional benefits of elder law services because our clients come to us with concerns about their future and the well-being of their families. The elder law attorneys at our practice provide more than just legal services; they offer peace of mind. With a personalized, holistic approach, we take the time to understand your unique situation and goals and craft tailored solutions that reflect your personal values and aspirations.
Guided by a client-centered philosophy, our elder law attorneys view our relationships with clients as personal partnerships. We’re always here to communicate with you about any changes in your life circumstances, so that we can adjust your plan to align with them.
The Elder Law Attorneys at The Law Office of Polly Tatum Put Families First, From Birth to Death
As elder law attorneys know, preparing for the inevitable aspects of aging can cause significant stress for senior citizens and their loved ones. At our practice, our profound, personal commitment to understanding and addressing your specific needs and our deep empathy and connection with our clients sets us apart from many attorneys who practice elder law. We know from personal experience how vital it is to protect loved ones from elder abuse and provide peace of mind. By leveraging our unique experiences, we offer a level of service and insight that secures your family’s future and preserves your legacy.
For more than 24 years, The Law Office of Polly Tatum has been putting families first with probate services, estate planning, and elder law. Our estate administration attorneys are ready to provide personalized legal assistance with care, respect, and integrity.
Contact us at (508) 795-1557(508) 795-1557 or complete our online form to schedule your initial strategy session. We offer simple fixed pricing, with virtual and in-person appointments available.
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I worked with Polly to update my will and create a revocable trust… The entire process went very smoothly. I highly recommend Polly Tatum and her staff. They are all very professional and friendly people.
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Elder Law
As people age, they may face different legal challenges than when they were younger.
Medicaid Planning
As your golden years approach, it may be time to consider many of the aspects of your future.
Estate Planning
When it comes to estate planning, there is no one-size-fits-all solution.
Probate
When you lose a loved one, the last thing you want to deal with is the legalities of their estate.
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Frequently Asked Questions About Elder Law in Worcester, Massachusetts
What Can An Estate Planning Lawyer Do For Me?
Estate planning lawyers can help you with a wide variety of legal matters, including wills, trusts, probate, and estate administration.
What Does An Elder Law Attorney Do?
An elder law attorney can help with any legal issues that come up with regard to yourself as you age or an older loved one. These issues can include things like planning how to pay for long-term care, making sure that long-term care is appropriate and that no abuse or neglect is occurring, and helping with things like trusts that can ensure our elderly loved ones are provided for.
Do I Need More Than Just A Will?
While a will can take care of some very basic aspects of your estate, like distribution of some assets and guardianship of minor children, it cannot do things like designate a trusted person to make medical or financial decisions for you if you are unable, make your wishes known as to your medical care at the end of life, or provide managed financial benefits for special needs family members, for example. A will is essential, but it is rarely enough to take care of things should you become incapacitated or die.
How Much Does It Cost To Hire An Attorney?
The cost of hiring an attorney depends on the type of case you have and the amount of work that is required. In most cases, we offer a consultation so that you can get an estimate of the cost of our services. Contact us today to schedule a consultation.
How Is Medicaid Different From Medicare?
Medicare is a government-funded insurance program that covers some or all of the costs of certain medical procedures for qualified participants (generally, the elderly or disabled). Medicare does not cover the costs of long-term care. Medicaid, on the other hand, is a government entitlement program that can cover the costs of long-term care for those who meet certain income and asset qualifications.
What If We Don’t Qualify For Medicaid?
Medicaid eligibility planning is best started long before anyone in your family needs long-term care, but even if that planning has not been done in advance, there are some ways to make eligibility more likely while still protecting the assets of a spouse who does not need long-term care, for example. Contact our office, even if you think you won’t qualify for Medicaid. We may have options to suggest.
Why Is An Estate Plan Important?
An estate plan is important because it allows you to control what happens to your property and assets after your death. Without an estate plan, the court will decide how your property is distributed, which may not be in accordance with your wishes. An estate plan can also help you avoid probate, which is a costly and time-consuming process.
Why Should I Hire The Law Office Of Polly Tatum?
The Law Office of Polly Tatum is an experienced team who is ready to help you. Our firm has a wide range of experience in estate planning, probate and trust administration, elder law, and divorce and elder mediation. An experienced law firm with a good track record can help you get the legal help you deserve.
Why should I consider consulting an elder law attorney in Worcester, Massachusetts?
When you consult a knowledgeable elder law attorney, they will offer guidance tailored to your circumstances, help you avoid costly mistakes, comply with state and federal statutes, and protect your rights and assets. An elder law attorney is a valuable resource in planning for the future.
What are the benefits of long-term care planning?
Long-term care planning seeks to secure the necessary resources and arrangements for future healthcare needs, whether through insurance, savings, or Medicaid. An elder law attorney helps assess options and implement strategies to cover potential costs, providing peace of mind for you and your family.
What is guardianship and when is it necessary?
Guardianship is a legal process where a court appoints an individual to manage the personal and financial affairs of an incapacitated person. It becomes necessary when an older adult can no longer make informed decisions independently. An elder law attorney can guide families through this process to protect the individual’s rights.
How does Medicare Planning Differ from Medicaid Planning?
While Medicaid planning focuses on qualifying for needs-based assistance, Medicare planning involves understanding eligibility and coverage options for this federal health insurance program. An elder law attorney can help navigate the complexities of Medicare, to help you maximize benefits and address any coverage issues.
What is Medicaid Planning and why is it important?
Medicaid planning involves strategies to qualify for Medicaid benefits, which cover long-term care costs for eligible individuals. An elder law attorney advises on asset protection methods, such as setting up trusts, to meet eligibility requirements without depleting your estate.
How can an elder law attorney assist with estate planning?
Elder law attorneys help clients create comprehensive estate plans, including wills, trusts, and powers of attorney. They develop legally sound documents that reflect your wishes, facilitating the distribution of assets and minimizing family disputes.
What is the role of an elder law attorney in Worcester, Massachusetts?
An elder law attorney focuses on legal issues affecting older adults, such as estate planning, Medicaid and Medicare eligibility, guardianship, and long-term care planning. They provide guidance on protecting assets, remaining in legal compliance, and planning for future health and financial needs.
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