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Browse our 2 legal questions about Elder Law in United States and the lawyer answers, or ask your own questions for free.
Hello, Her next of kin will be you and so you shall be the one to receive the benefits and her properties. You can contact us vfor assistance on the documentation and procession
Read full answerAfter completing probate to establish yourself as the legal heir, you can transfer the property title to your name and then grant them permission to reside there through a formal agreement. It is worthy to note that you can do...
Read full answerElder law focuses on the legal issues that commonly affect older adults and their families. In Braintree, Massachusetts, elder law covers estate planning, incapacity planning, long-term care and MassHealth eligibility, guardianship and conservatorship, elder abuse and financial exploitation, and access to government benefits such as Social Security and veterans benefits. Local courts, state agencies, and community organizations all play roles in how these matters are handled. An elder law attorney helps clients protect assets, secure appropriate care, plan for incapacity, and resolve disputes that arise as people age.
There are many situations where hiring an elder law attorney can help protect your rights, your finances, and your future. Common reasons include:
Drafting or updating estate planning documents - wills, trusts, durable powers of attorney for finances, and health care proxies to ensure your wishes are respected if you become incapacitated.
Medicaid and long-term care planning - navigating MassHealth long-term care rules, assessing eligibility, and structuring assets to afford nursing home care or in-home supports legally and effectively.
Guardianship and conservatorship - when an older adult can no longer make safe decisions, a lawyer can guide families through the Probate and Family Court process to obtain authority to make personal or financial decisions.
Probate and estate administration - handling a loved one’s estate after death, including probate filings, creditor claims, and distributing assets according to a will or state law.
Preventing or responding to elder abuse and financial exploitation - taking legal steps to stop abuse, recover assets, and obtain protective orders or referrals to protective services.
Disputes over care or placement - resolving conflicts with nursing homes, assisted living facilities, or family members about care standards, discharge, or payment responsibilities.
Benefits advocacy - applying for or appealing denials of MassHealth, Medicare, Social Security, disability benefits, or veterans benefits that affect an older person’s care and finances.
In Massachusetts, including Braintree, several legal frameworks and local institutions are particularly relevant to elder law matters. Guardianship and conservatorship cases are handled by the Probate and Family Court in the appropriate county - these proceedings determine who can make personal or financial decisions for an incapacitated adult. Durable powers of attorney and health care proxies are widely used and recognized tools for designating decision-makers before incapacity occurs.
MassHealth is Massachusetts’ Medicaid program and is the primary public payer for long-term nursing home care and some home-based services. MassHealth has strict eligibility rules for income and assets; planning for long-term care often requires careful timing and documentation to meet those rules. The state also administers benefit programs and care coordination through the Executive Office of Health and Human Services and the Executive Office of Elder Affairs, which fund and monitor elder services and protective programs.
Nursing homes and assisted living facilities in Massachusetts must follow state regulations on resident rights, care standards, licensing, and discharge practices. Complaints about facilities can be filed with state oversight agencies. Massachusetts law also provides criminal and civil protections against elder abuse and financial exploitation, and there are state agencies and local elder services that handle reports of abuse and coordinate protective services.
Probate procedures for wills, estate administration, and trust-related disputes are governed by Massachusetts probate rules and statutes. Local court processes, filing requirements, and timelines can vary, so working with a lawyer familiar with Norfolk County courts and local practice can streamline proceedings for Braintree residents.
A power of attorney is a document you create while you are competent that gives someone authority to handle your finances or make health care decisions on your behalf. A guardianship is a court process that appoints a person to make decisions for someone found by the court to be incapacitated. Using powers of attorney can often avoid the need for court-appointed guardianship, but if no valid power of attorney exists or a dispute arises, guardianship may be necessary.
MassHealth can cover long-term nursing home care for eligible low-income seniors, but eligibility depends on income, assets, and how those assets are treated under MassHealth rules. There are look-back periods and penalties for transfers of assets. An elder law attorney can help with legal planning to protect assets while seeking MassHealth eligibility, and can explain the timing and documentation required.
A will ensures your assets are distributed according to your wishes and names an executor. A trust can provide additional control over assets, avoid probate for some property, and offer different protections for incapacity or Medicaid planning. Whether you need a trust depends on your goals, asset types, privacy concerns, and the complexity of your family or financial situation. An attorney can evaluate which documents best meet your needs.
A health care proxy is a legal document naming someone to make medical decisions if you cannot. It ensures your treatment choices are followed and gives the named agent authority to speak with doctors, consent to or refuse treatment, and access medical records. Without a health care proxy, family members may need court intervention to obtain decision-making authority.
If you suspect abuse or exploitation, contact local protective services or adult protective agencies, which can investigate and arrange immediate protections. You should also contact local law enforcement if there is an immediate threat or criminal conduct. Local elder service agencies and the Executive Office of Elder Affairs can advise on reporting procedures and supportive services.
Not necessarily. If you have previously signed durable powers of attorney for finances and a health care proxy, these documents typically allow your chosen agents to make decisions even if you develop dementia. If no such documents exist and you are no longer able to manage your affairs, a family member may need to seek guardianship through the Probate and Family Court.
Whether a creditor or a nursing home can force the sale of your home depends on ownership, liens, and who is financially responsible for care. Homestead protections, joint ownership, and estate planning strategies can affect exposure. MassHealth rules also have estate recovery provisions after death in some cases for long-term care benefits provided; a lawyer can explain protections and risks specific to your situation.
Look for an attorney with specific elder law experience, familiarity with Massachusetts and Norfolk County courts, and knowledge of MassHealth and long-term care planning. Ask about credentials, years of practice, typical clients, fee structures, whether they offer a free initial consult, and client references. Make sure you are comfortable discussing personal and financial matters with them.
If you die without a will, Massachusetts law distributes your property according to statutory intestacy rules, which may not match your wishes. This can affect who inherits, create delays, or result in unintended heirs receiving assets. An estate plan can avoid intestacy and help minimize disputes and probate complexity.
Some federal veterans benefits provide financial assistance for seniors who qualify, such as Aid and Attendance or Housebound benefits, which can help pay for in-home care or assisted living. Eligibility depends on service history, income, and medical need. An elder law attorney or accredited veterans representative can help determine eligibility and assist with applying.
Local and state resources can provide information, support, and direct services for older adults in Braintree. Consider contacting your local Council on Aging or senior center for community-based assistance and referrals. The Executive Office of Elder Affairs oversees statewide programs and can direct you to elder services and protective programs. MassHealth and the Massachusetts Executive Office of Health and Human Services administer public health insurance and long-term care programs.
For legal help, local bar associations and lawyer referral services can connect you to attorneys who practice elder law in Norfolk County and the Boston area. Legal aid organizations and elder legal clinics may offer free or low-cost advice for qualifying individuals. National organizations such as AARP and elder advocacy groups provide educational materials and tools for planning.
If you need to report suspected abuse or urgent harm, contact local law enforcement and your county protective services. For probate matters, the Norfolk County Probate and Family Court handles guardianship, conservatorship, and estate matters for Braintree residents.
Start by assessing immediate needs and gathering key documents - wills, powers of attorney, health care proxies, insurance policies, bank statements, and recent medical records. If someone faces an urgent safety issue or suspected abuse, contact law enforcement and protective services right away.
Schedule consultations with one or more elder law attorneys to discuss your situation, ask about experience with MassHealth and local probate courts, and compare fee arrangements. Ask for clear, written engagement agreements and request plain-language explanations of options and likely timelines. If cost is a concern, ask about sliding-fee schedules, legal aid eligibility, or local legal clinics.
Use local resources such as your Council on Aging, senior center, or state elder affairs office for information on care options, community programs, and reporting abuse. Keep copies of important documents in a safe but accessible place and make sure trusted family members or agents know where to find them. Planning ahead can preserve choice, reduce stress, and protect assets and care options as you age.
