Our Services:
People who are thinking of hiring an elder law attorney may feel overwhelmed, or uncertain about what they need to do next.
Preparing to meet the need for elder care is a time of transition. It can be a very vulnerable time in a person's life, especially if plans have not been made in advance. You don't want to take a wrong step that will put you into even more difficulty.
That is why we arrange our legal planning services and options into "steps." For people who may be needing Medicaid, or a combination of other programs to help pay for care, we advise you on what resources are available.
We take the time to listen and understand the result that you are looking to achieve. We will then print out a Step - by - Step outline of the legal services that will help you arrive at the result you want.
Our clients value the ability to control expenses, and manage their circumstances. Our step - by - step approach helps you and your family obtain the elder care services you need now, or plan for benefits eligibility in the future.
Avoiding nursing home admission is the highest priority for most people. But procrastination can sometimes stop a person from solving or preventing problems that can lead to the nursing home door. Our services are set up so that you can begin basic planning today, and then continue with other steps as you become comfortable with the first steps that you have taken.
Get started now with our long term care planner in WORD or PDF.
Here is one example of the legal care that we provide to our clients:
Included with the stack of admission papers presented to a many people who move into a nursing home is an Arbitration Agreement. Should you sign an Arbitration Agreement for a family member? Our elder care legal services include assistance with the assisted living or long term care facility admissions process
An arbitration agreement will prevent the new resident from suing the facility for negligent care. By signing the Arbitration Agreement, the resident gives up their right to file a case in court for damages caused by facility.
The resident's only remedy is then limited to a closed door meeting with an arbitrator, who makes a binding decision on the case. Nursing homes often ask residents or family members to sign Arbitration Agreements, along with all the other forms and disclosures they require for admission. The Boston Herald reports that Congress is questioning this practice. Read Boston Herald Article
While the arbitration agreements prevent residents from recovering damages in court from the nursing home owner, these contracts often do not protect the employees of the nursing home. The Massachusetts Appeals Court ruled in 2008 that nursing home employees were not covered by an arbitration agreement because the agreement did not have express language indicating intent to apply the contract to the nursing home’s agents or employees. The Court said that nurses named individually in a wrongful death suit could not be protected by the arbitration clause in an admission contract between the nursing home and the patient. The Appeals Court concluded that the nurses were not third-party beneficiaries of the protections contained in the Arbitration Agreement signed by the nursing home resident. Read the case.
With each step you take in the process of elder care planning, we give you a credit for the money you have already spent. During our initial consultations of up to 3 hours, we discuss:
• how you want to manage and control assets, if you become incapacitated during your lifetime;
• who will handle health care decisions if you are unable to;
• whether you want to transfer assets during your lifetime;
• what brings you peace of mind, including whether you want to protect assets from creditors and provide for family members.
We will answer your questions about the strategies that are available to you:
• how home care can fit with your long term care planning;
• which benefit programs are available to help you pay for home care;
• whether long term care insurance is available to protect you;
• the differences between your private health insurance, Medicare and Medicaid coverage.
We will explain the next steps you can take to protect yourself during your lifetime, and protect your family's future:
• how to maximize the value of assets that the community spouse can keep;
• ways you can to protect and preserve assets for your family if you need to obtain eligibility and needed for benefits.
You Can Avoid Costly Delays and Mistakes.
Call us at (413) 567-5600 if you would like independent advice and counsel on Medicaid coverage for nursing home care.
