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This talk will be aimed towards the “Sandwich Generation.”  Carol is a geriatric care manager who has worked with me on a number of cases over the years.

My last posting concerned the background of how Massachusetts law deals with medical decision-making for incapacitated persons who need potentially invasive treatment that can have profound and permanent consequences. I noted that unlike many states, where the decisions may be left to a guardian ...

There was a terrific article in yesterday's Boston Globe (warning – pay wall unless you're a Boston Globe subscriber) concerning to what extent the wishes of legally incapacitated persons concerning extraordinary medical treatment are actually honored. Extraordinary medical treatment includes suc...

I'll be speaking on “Planning for the Cost of Long-Term Care” this coming Thursday, January 19 at 2:30 PM at Avery Crossing, an assisted living facility located at 110 West Street (cross street is Highland Avenue) in Needham. I hope to see you there!

If you think your property is worth significantly less than your city or town's property tax assessor does, consider filing for an abatement. You can pick up an application at the assessor's office. You will need to complete the application and provide a professional opinion about the value of th...

Here's a link to an excellent article in today's New York Times. I cannot urge you strongly enough to consult a financial planner if you're in the unfortunate position of being laid off just as retirement is around the corner. You'll need some professional guidance to help make sure that you can ...

Happy New Year!  May you and your family enjoy health, happiness, and comfort. Here are some good tips courtesy of the LA Times for opening up a difficult conversation with your folks. If you don't have a handle on their basic financial information, you need to get one — tactfully. The Five: How...

One of the biggest headaches I see is going into a client's home and seeing numerous half-empty (or even barely touched) bottles of unused and unneeded prescription medication. You probably have some of these in your house — the bottles which you can't bring yourself to throw away “just in case” ...

Well, you can't take them with you…. why not make sure that your frequent flyer miles and credit card perks benefit someone who can use them?  Forbes Magazine has a nifty article about how to transfer those miles — assuming the airline's program lets you. To see what you need to do, you and your ...

For the first time in three years, there will be a cost-of-living increase in checks issued by the Social Security Administration. It is expected that the agency will announce a 3.5% raise in payments to seniors. The bad news? A good chunk of this raise is likely to be offset by a jump in the Med...

The July issue of Consumer Reports had an interesting article (available on-line) on DIY will-drafting software, specifically, Quicken WillMaker, LegalZoom and Rocket Lawyer. The researchers created three different estate planning scenarios — nuclear family, blended family with a special needs ch...

Bernie Krooks is one of the smartest and most far-sighted elder law attorneys out there. When he says that Medicare is on the chopping block, I believe it. Delayed eligibility, increased premiums, means-testing — it's coming — but will the sacrifice be truly shared by those who can afford it most...

I'd love to hear about items and ideas you'd like to see posted on this blog. Please respond to this post or send an e-mail to me at [email protected]

According to a study from the AARP, Massachusetts ranks 40th out of all the states in funds expended to support low-income frail elders in their own homes instead of being placed in nursing homes. According to today's Boston Globe, “if Massachusetts improved its performance to the level of the hi...

NYC Mayor Bloomberg ordered evacuation of all hospitals and nursing homes in low-lying areas as of 8AM yesterday due to the oncoming hurricane. It's a good opportunity to consider whether you've asked the director of the nursing home or assisted living facility where your parent is about the faci...

Fiscal prudence is all well and good for elders — but how do you deal with a parent who simply will not spend money on themselves, even where an objective observer would see that funds are available and the expenditure is needed for the elder's health and safety. It's a common discussion I have w...

Medicare has announced that its annual Open Enrollment Period will begin October 15, and run through December 7. This is the time to review your Medicare health and drug benefits and make any changes which may be needed. If you're a Massachusetts resident, you can get free help reviewing your cov...

More people than not die without having ever making a will. The reasons vary — a belief that estate planning costs too much, that somehow their assets will be divided “fairly,” that they don't own enough to need an estate plan, etc., etc. These people have done a form of estate planning — they ju...

According to a study issued by Genworth Financial, nursing homes in the US have increased their costs by an average of 3.4%. This study was based on a survey of over 15,000 providers taken in the first three months of this year. You won't find a nursing home in the Boston area charging that low a...

Let's say that your mother has been in a nursing home for the past three years which is paid for with MassHealth benefits. She may be demented, but she is familiar with the staff and has a comfortable routine which reduces her anxiety. The staff knows your mother and her idiosyncrasies, what thin...

It's Memorial Day weekend — a time to remember the needs of our vets and their families. Unfortunately, our state and local governments do a pretty mediocre job of letting veterans and their families know about a service funded by the Commonwealth — the veteran's agent. Every city and town in the...

Those of you who were reading my blog a year ago…. go have a cup of tea. The rest of you…. pay attention. There's a good chance you know a kid who just turned or is about to turn 18. You may be attending her high school graduation in a few weeks. Guess what… that kid is or is about to become a le...

According to an article in today's New York Times, an audit by the Department of Health and Human Services found that “more than half of the antipsychotics paid for by the federal Medicare program in the first half of 2007 were “erroneous,” the audit found, costing the program $116 million for th...

I am excited to be testifying before the Massachusetts Legislature's Joint Committee on Elder Affairs this coming Wednesday, May 11, concerning House Bill H01097. This bill, if enacted into law, would codify the rights of elders and persons with disabilities to pay their family members for provid...

There's been a good discussion on the National Academy of Elder Law Attorneys list serve in response to a USA Today article on shredding documents. The thesis of this article, like so many others, is that shredding “unnecessary” documents after tax season is critical to prevent identity theft. So...