In July 2009, major changes were made to the Law of Massachusetts that applies to Guardianship and Conservatorship when the Massachusetts Uniform Probate Code (MUPC) Article V was adopted. Article V affects guardianships and conservatorships, the authority of guardians and the rights and prerogatives of incapacitated persons and wards. These changes were brought about in part by acknowledgement of modern, clinical understanding of disability. The MUPC seeks to ensure the dignity and human rights of incapacitated persons are preserved by recognizing disability as functional limitations. Practically speaking, this means the MUPC allows for LESS intrusion into the lives of incapacitated persons by the Probate and Family Court. Under the MUPC, incapacitated persons now have more say in regard to some of their finances and living conditions.
The term Elder Law covers a range of legal issues that affect the elder person, as well as his or her family. Many of our clients are looking for knowledgeable lawyers to help them understand Medicaid spend-down requirements and do Medicaid planning, Our lawyers also assist clients in the areas of decision-making and long-term care planning.
An important goal of estate planning is to protect income and assets from creditors’ claims and tax collection. While many people think asset protection involves shady or dishonest techniques, there are many ways to protect financial reserves, personal property, real estate and other assets for retirement or for future generations. In addition to federal and state laws that exempt certain types of property from creditors’ claims, taxation or both, there are numerous estate planning tools that may be able to shield assets from future creditors and reduce or eliminate estate or income taxation. If you are interested in working with an estate planning attorney to create a plan to protect your assets, contact our firm today to schedule a consultation.
Wills
For more information on healthcare proxies, living wills and how we can help you, contact the estate planning lawyers at Blake Law today.
Trusts
We frequently handle special needs trusts in one of three contexts: creating a trust for a family member as part of his /her estate plan where he/ she wants to provide for special needs beneficiaries in the particular way they need; creating a trust from inheritance money; or creating a special needs trust with the person’s own money. We enjoy working with clients throughout the entire process of establishing special needs trusts, and in some cases, serving as trustee.
Power of Attorney
Powers of Attorney require the agreement of both parties. The principal must have the legal capacity to enter into the agreement. The agent appointed must understand his/her role and legal obligations.