Boston Elder Law Blog

Creating an estate plan is a very personal experience. Many Massachusetts residents may even think that they can put off planning until they're older or that it is something that they do not need to go through at all. However, this type of thinking is not always the best, and really, anyone can benefit from getting their wishes in order.

In particular, you may want to think about creating a trust to help you get your final affairs squared away. Like many people, you may think that trusts are only for individuals with a considerable amount of wealth, but that is not the case. People at various asset levels could benefit from having trusts, but because everyone has different planning needs, you could choose from various types of trusts.

Senior citizens in Massachusetts often need assistance with their care as they age. Some of them live in nursing homes or assisted living facilities to ensure that their needs are met, particularly when their families don't live nearby or are unable to provide care themselves. While most of these places treat patients with the highest level of care, there are others that fail to do so. This is what one assisted living facility administrator is accused of doing, after authorities charged her with fraud and other crimes related to her claim to have powers of attorney for a resident.

Authorities say the woman used her position as a unit coordinator to acquire power of attorney over an alleged victim. They report that afterwards, she established the victim as a resident of her assisted living facility and then used the victim's assets without permission. Officials say the woman used the money to buy herself several homes, cars and cover her basic living expenses. They also claim that she filed a false tax return on behalf of the victim and embezzled Social Security benefits.

Many people in Massachusetts have concerns regarding how to handle their end-of-life care. Some may not be able to rely on their families, particularly if they live far away or if they do not have a relationship with them. Some may choose to rely on a professional guardian for medical and financial decisions. While that can be a wonderful choice for many, there are those who do not have a positive experience with guardianships. One out-of-state case involves a woman accused of fraud surrounding several guardianships she claimed to be handling.

The problem came to the attention of the legal system when a man died after she allegedly filed a "do not resuscitate" order without his family's permission. Investigators found that she had 450 guardianships at the time of the man's death. They say that she billed a local medical system for almost $4 million over a decade despite less than a third of her clients being part of the state guardianship system. Investigators also found instances where they say the woman double-billed the medical system, or even billings for cases that weren't hers.

The days and weeks following the death of a loved one can be emotional. Family members are often busy preparing, supporting each other and dealing with the practical matters, such as funeral plans. Soon enough, however, they must deal with the Massachusetts estate of their loved one, and that means beginning the probate process.

It is common for family members to want to move forward with their lives, but probate often keeps them in a holding pattern. The simple purpose of probate is to resolve any unfinished business, such as taxes and unpaid bills, so the rest of the estate can be divided among the heirs. However, probate can be frustrating, especially if heirs are uncertain what is going on and why it is taking so long.