How to Plan for Incapacity

Planning for your incapacity is an essential part of Massachusetts estate planning. Being “incapacitated” means that you no longer have the ability to understand and appreciate the consequences of your actions to make rational decisions. You can become incapacitated due to a mental health issue or a physical problem. Incapacity can be short term (e.g.,…

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Talk to Your Health Care Proxy

An important part of creating an estate plan is choosing someone to act as a health care proxy for you. This person can legally make health care decisions for you if you can’t do so yourself. Of course, choosing the person to act as your health care proxy is a big decision. There are “6…

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Medicare’s New “What’s Covered?” App

There’s a new tool that allows Original Medicare (Parts A and B) enrollees and their caregivers to use their mobile devices to determine whether a certain medical item or service is covered by Original Medicare. It’s called the “What’s Covered” app and it was created by the Centers for Medicare and Medicaid Services (CMS). Examples…

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Elder Law Myths

There are about 77 million baby boomers in the U.S.—making that group significantly larger than the generations immediately before and after it. As they age, they’re creating a much larger senior population. According to the U.S. Census Bureau, adults 65 and older will outnumber children for the first time in U.S. history by the year…

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4 Reasons to Have a Personal Care Contract

Studies have found that an estimated 90% of seniors prefer to receive care at home vs. receiving institutional care. They want to continue to live in the comfort of their own homes as long as possible to stay close to their loved ones, maintain their independence, and enjoy a better quality of life. Another good…

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Who Will Care for Baby Boomers as They Age?

Family members have long provided caregiving for their aging loved ones, but estimates are indicating that there won’t be enough of them for the job in the near future. A recent Forbes article entitled “As Baby Boomers Move Into Old Age, Who Will Care For Us?” mentions that it’s estimated that 117 million Americans will…

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Why You Need to Plan for Long-Term Care Expenses

Fact: the majority of people over 65 will need long-term care. It’s estimated that 70% of people over the age of 65 will require some type of long-term care (LTC) services during their lifetime. That could mean needing assistance with at least a couple of activities of daily living, such as eating, dressing, or bathing,…

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5 Legal Steps to Take When Facing Dementia

Over 5.5 million Americans were living with Alzheimer’s disease in 2017. This included an estimated 5.3 million people age 65 and older and approximately 200,000 individuals under age 65. And Alzheimer’s disease is just one form of dementia. It’s important to create a plan when you’re in the early stage of dementia. It will help…

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A Health Care Proxy vs. an Advance Directive

A health care proxy, also known as a “health care surrogate” or “medical power of attorney,” allows you to designate another person, known as an agent or proxy, to legally make health care decisions for you if you cannot do so yourself. It does not grant any powers to the health care agent until you…

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