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Elder Law In Massachusetts: Frequently Asked Questions (FAQs)

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Senior citizens currently make up nearly 1 in 5 Americans—and that ratio is expected to rise over the next several decades (Pew Research Center). Older Americans have unique legal needs. Elder law is a specialized practice area designed to address those needs. At Fisher Law LLC, we provide solutions-focused elder law representation. Here, our Boston elder lawyer answers some of the most frequently asked questions (FAQs) about the practice area in Massachusetts.

Elder Law: Frequently Asked Questions (FAQs)

What is Elder Law? 

Broadly defined, elder law is a legal practice area that is focused on the specific issues that disproportionately affect  the aging population. Common examples include estate planning, long-term care planning, healthcare, Medicare, and guardianships. 

Is Elder Law the Same Thing as Estate Planning? 

No. While estate planning is a very important part of elder law, the practice area is broader and more comprehensive than estate planning. It includes not just planning for the management and distribution of assets after death, but also addresses issues like long-term care needs, Medicare/Medicaid, legal capacity matters, and senior citizen rights. 

How Can an Elder Law Attorney Help Me? 

The answer depends on the specific needs of you and your family members. An elder law attorney can offer support with a wide range of legal matters—from drafting estate planning documents to handling adult guardianships to navigating public benefits such as Medicare and Medicaid. 

What Should I Look for in a Massachusetts Elder Law Attorney? 

Experience. Elder law is a specialized area of law. When looking for an elder lawyer in the Boston area, you should consider their experience in handling similar cases, familiarity with state-specific regulations, and their ability to provide the personalized guidance your family deserves. 

Why is Long-Term Care Planning So Important? 

The cost of even a semi-private room in a nursing home is astronomical. Long-term care planning is crucial as it ensures that senior citizens have the necessary arrangements in place both for their healthcare/living needs and to protect their life savings.

What is an Adult Guardianship in Massachusetts?

In Massachusetts, an adult guardianship is a legal process where the court appoints a guardian to make decisions for an adult who is judged incapable of handling their personal, medical, due to a disability or incapacity. When workable, Massachusetts favors less restrictive alternatives—such as a Health Care Proxy.     Massachusetts now bifurcates the role of a guardian and conservatorship.    A guardianship may entail limited financial transactions, but the individual appointed by the court to manage the financial affairs of an individual is a separate role for an individual who is called a conservator.   It is possible and very common that one individual is apointed to both the role of Guardian and Conservator.

How Does Elder Law Impact Medicare and Medicaid? 

Dealing with public health coverage programs can be challenging.  A Massachusetts elder law attorney can help senior citizens and their families navigate the complexities of the Medicaid program, called MassHealth in Massachusetts―with a goal of ensuring that they are able to access the maximum benefits and minimize the depletion of an individual’s assets.

Schedule Your Confidential Consultation With a Norwood Elder Lawyer Today

At Fisher Law LLC, our Norwood, Massachusetts elder law attorney is a skilled, compassionate, and experienced advocate for clients. If you have any specific questions about elder law, please do not hesitate to contact our firm today. We provide elder law services to senior citizens and their families throughout the Greater Boston area.

Source:

pewresearch.org/short-reads/2024/01/09/us-centenarian-population-is-projected-to-quadruple-over-the-next-30-years/#:~:text=There%20are%20currently%20roughly%2062,estimated%2023%25%20of%20the%20population.

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