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Frequently Asked Questions about Elder Law

Q: If I want to stay in my own home, do I have other options besides a nursing home?

A: Yes. If you want to stay in your home, you have options that may be less expensive and stressful than a nursing home. You could obtain a reverse mortgage on your home, long-term care insurance or support through federal or state funding sources. A family member, friend or paid caretaker may be able to help you with personal cares. If you want to stay in your home, an experienced elder law attorney can advise you about options you have.

Q: What are Medicare and Medicaid?

A: Medicare is a federal program established in 1965 to provide persons over the age of 65 or persons with a disability with low-cost health coverage. Few Americans receive funding for long-term care through Medicare. Medicaid, however, is a state-administered federal program designed to give low-income Americans medical and long-term care assistance. To receive Medicaid assistance, you must meet certain asset and income limits and asset transfer requirements. A skilled elder law attorney can assist you with these eligibility requirements.

It is estimated that nearly four million Americans suffer some form of mental dementia, most commonly Alzheimer's Disease. That figure is expected to triple by 2050. With the onset of dementia comes the growing need for assistance with such common daily tasks as dressing and feeding oneself, administering to even modest financial matters, and providing for one's own medical care. If you have a loved one who has difficulty making sound financial and lifestyle decisions, contact an experienced elder law attorney to discuss the possibility of establishing a guardianship or conservatorship to aid your loved ones.

Boston Medicaid Planning Lawyer
Massachusetts Elder Law Attorney

The Boston, Massachusetts, law firm of Cushing & Dolan welcomes inquiriesabout elder law matters issues including the following:

estate planning
reverse mortgages
Medicaid eligibility options
HIPAA releases
powers of attorney
health care proxies
nursing home contracts
MassHealth / Medicaid Application
Personal Needs Contract

The following elder law information is provided for informational purposes. It is not intended to address the particular needs of your family’s situation. To discuss these or related topics of interest concerning your, your spouse’s, your parent’s, or other family member’s special needs related to aging, contact Cushing & Dolan.

Elder Law - An Overview

As the baby boomer generation gets older, aging Americans and their families increasingly encounter legal and practical concerns in caring for elderly loved ones. An attorney experienced in elder law matters can assist clients in planning for the future through powers of attorney and advance directives to ensure that proper medical treatment is provided. An attorney also advise on long-term care insurance or other funding options that foster the most independence and security for the many elders that want to remain in their homes.

Guardianships and Conservatorships

Guardianship and conservatorship questions may arise when an elder relative or older friend shows signs of incapacity or cannot handle personal cares or financial matters. A guardian or conservator is only appointed if a judge determines the person, frequently referred to as a ward, is incapacitated or incompetent, depending on the law of the state. The guardian or conservator could be a spouse, child, friend or other interested party.

Powers of Attorney and Advance Directives for Health Care

Many people worry about what could happen to them if they suffered a medical emergency or became incapacitated. Luckily, most states recognize the need to plan for future incapacity with planning tools referred to as advance directives. Advance directives can include durable powers of attorney for financial matters or health care, and "do not hospitalize" or "do not resuscitate" orders. With these tools, people can direct one or more persons to make certain health care and financial decisions in the event of their incapacity. States have different requirements so it is important to understand what documents are needed to create valid advance directives.

Planning for Long-Term Care

As medical technology advances and life spans increase, many Americans fear the financial strain that rising long-term care costs will have on their life savings.

Caring for Elderly Family Members

As seniors grow older, symptoms of physical and mental disability may arise. These disabilities often deprive people of the cognitive skills needed to make sound decisions and the physical abilities to care for themselves on a daily basis. Elder law clients frequently turn to their families to provide the day-to-day assistance they no longer can provide for themselves.

Elder Law Resource Links

Administration on Aging
The Administration on Aging is a division of the US Department of Health and Human Services advocating for older Americans. Its Web site contains information on legislation and resources for older Americans.

Centers for Medicare & Medicaid Services
The Centers for Medicare & Medicaid Services Web site is official site of the US Department of Health and Human Services with information on Medicare, Medicaid, regulations, and research and statistics.

National Clearinghouse for Long-Term Care Information
The US Department of Health and Human Services developed the National Clearinghouse for Long-Term Care Information Web site to provide resources for individuals and families to plan for long-term care.

The National Guardianship Association
The National Guardianship Association strives for a nationwide excellence in guardianship. Its Web site offers newsletters, information on ethical considerations, and practical guides on various issues pertaining to guardianship.

Partnership for Caring
Partnership for Caring is a national support organization for elderly persons. Its Web site advises senior citizens of lifestyle choices to maximize their quality of life.