Product Description

Recent updates:

• Update: September 2023

  Dear Subscriber,

  This first edition of Elder and Disability Law in Massachusetts continues the tradition of Estate Planning for the Aging and Incapacitated Client in Massachusetts . This book updates and expands on topics covered in its predecessor publication, while adding new chapters of particular interest to estate planning for both elders and persons with disabilities. Inside, you will find coverage of thousands of practical tips and insightful analyses on case decisions, statutes, regulations, and other authoritative sources pertinent to elder and disability planning, including current material on the following subjects:

  • Undue influence. Chapter 5 addresses the lawyer's duties in representing a client who is experiencing improper or undue influence that puts them at risk, whether the means be physical force, duress, threats, or other forces. Practical insights are offered on how to prevent, ameliorate, or litigate undue influence.

  • Ethics issues in representing elders. See chapter 6 for caveats related to stereotyping elderly clients, navigating the family relationship, and handling joint representation. Discussion includes diminished capacity and the attorney's duties of loyalty and confidentiality, the retention and discharge of counsel, proceedings against nonclients, and aspects of the power of attorney role.

  • Special needs trusts and ABLE accounts. Chapter 39 begins with a review of self-settled trusts generally, then goes on to describe the elements of self-settled and third-party special needs trusts. It discusses trust protector provisions and concludes with a discussion of VA benefits and ABLE Accounts.

  • Trusts in the MassHealth context. Chapter 38 addresses the role of trusts in estate planning where an objective is to preserve eligibility for MassHealth benefits. Background is provided on OBRA '93 legislation and how Massachusetts has interpreted the law. Particulars of trusts established for disabled individuals and those established with transferred assets are discussed.

  • Tax considerations regarding trusts. Among the topics covered in chapter 40 are income tax planning for Medicaid trusts and estate and gift tax planning for such trusts, taxation of testamentary trusts, taxation of trusts established by the beneficiaries of gifts, and the treatment of pretax retirement accounts.

  • Property tax relief. Chapter 38 addresses real estate tax exemptions, abatements, and deferrals for older persons, their spouses, minor children, veterans, blind persons, and those experiencing hardship.

  • Resource planning for MassHealth coverage. This expansive topic is addressed in detail in chapter 34 (Protecting the Community Spouse), chapter 35 (Reducing Excess Assets), chapter 36 (Transfers of Resources), and chapter 37 (Protecting the Home).

  We at MCLE trust that you will find this new edition useful in your estate planning practice and valuable in keeping your law library current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

Acknowledgments of Parentage

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Pauline Quirion, Esq., Greater Boston Legal Services

EXHIBIT 1A

- DSS Parental Responsibility Form Buy Form

EXHIBIT 1B

- Acknowledgment of Paternity Buy Form

EXHIBIT 1C

- Affidavit of Denial of Paternity Buy Form

EXHIBIT 1D

- Complaint to Rescind Paternity Acknowledgment Buy Form

Chapter 2 expand

Chapter 209C Basics—From Commencement of an Action to Judgment

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Pauline Quirion, Esq., Greater Boston Legal Services

EXHIBIT 2A

- Complaint for Custody-Support-Parenting Time Buy Form

EXHIBIT 2B

- Complaint to Establish Paternity Buy Form

EXHIBIT 2C

- Public Assistance Affidavit Buy Form

EXHIBIT 2D

- Motion for Release of Birth Certificate Buy Form

EXHIBIT 2E

- Completed Sample Domestic Relations Summons on Complaint for Paternity Buy Form

EXHIBIT 2F

- Long-Arm Jurisdiction Grounds Buy Form

EXHIBIT 2G

- Motion for Mother’s Genetic Marker Testing Buy Form

EXHIBIT 2H

- Motion for Genetic Marker Testing by Putative Father Buy Form

EXHIBIT 2I

- Motion for Custody and Child Support Buy Form

EXHIBIT 2J

- Model Proposed Order for Child Support and Custody Buy Form

EXHIBIT 2K

- Motion for Parenting Time Buy Form

EXHIBIT 2L

- Defendant’s Answer to Complaint to Establish Paternity Buy Form

EXHIBIT 2M

- Sample Pretrial Memorandum Buy Form

Chapter 3 expand

Naming Nonmarital Children: Birth Certificates and Name Change Petitions

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Christine M. Durkin, Esq., Northeastern University School of Law

EXHIBIT 3A

- Voluntary Acknowledgment of Parentage Buy Form

EXHIBIT 3B

- Affidavit of Nonpaternity Buy Form

EXHIBIT 3C

- Certificate of Name Change Buy Form

EXHIBIT 3D

- Sample Motion to Waive Notice of Name Change Proceeding Buy Form

EXHIBIT 3E

- Petition for Change of Name Buy Form

EXHIBIT 3F

- Affidavit for Care and Custody Buy Form

EXHIBIT 3G

- CP2 Request for Information Form Buy Form

Chapter 4 expand

Genetic Marker Testing

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Laura Gahn, Ph.D, IDENTIGENE
George C. Maha, Esq., Laboratory Corp. of America Holdings (LabCorp) Laboratory Corp. of America Holdi

Chapter 5 expand

Requesting, Using, and Challenging Parentage Testing Results

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Patrick M. Finn, Esq., Department of Revenue, Child Support Enforcement, Commonwealth of Massachusetts

EXHIBIT 5A

- Motion for Genetic Marker Testing Buy Form

Chapter 6 expand

Equity Actions by Putative Fathers Who Lack Standing Under Chapter 209C and Challenges to Paternity of Children Born During a Marriage

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Pauline Quirion, Esq., Greater Boston Legal Services

EXHIBIT 6A

- Equity Complaint to Establish Paternity Pursuant to G.L. c. 215, § 6 Buy Form

EXHIBIT 6B

- Emergency Motion for Speedy Preliminary Hearing Buy Form

EXHIBIT 6C

- Defendant’s Motion for a Guardian Ad Litem Buy Form

EXHIBIT 6D

- Affidavit in Opposition to Genetic Testing Motion in Divorce Case Buy Form

EXHIBIT 6E

- Opposition to Genetic Testing Motion in Divorce Case Buy Form

EXHIBIT 6F

- Model Interlocutory Petition for Appeal of a Genetic Testing Order in a Divorce Action Buy Form

EXHIBIT 6G

- Memorandum to Overturn Genetic Testing Order in a Divorce Case Buy Form

Chapter 7 expand

Equity Actions Filed by De Facto Parents

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Mary L. Bonauto, Esq., GLBTQ Legal Advocates and Defenders
Patience Crozier, Esq., GLBTQ Legal Advocates and Defenders

EXHIBIT 7A

- Sample De Facto Parent Complaint Buy Form

Chapter 8 expand

Transgender Parents and Children Born Outside of Marriage

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Jennifer L. Levi, Esq., Western New England University School of Law

Chapter 9 expand

Custody, Visitation, and Removal Issues Related to Children of Unmarried Parents

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Michelle M. Ahern, Esq., Taylor, Ganson & Perrin LLP
Jaime B. Margolis, Esq., Community Legal Aid/Hampden County
Patricia A. Saint James, Esq., Tarlow, Breed, Hart & Rodgers, PC

Checklist 9.1

- Chapter 209C Custody Checklist Buy Form

Checklist 9.2

- Checklist for Bringing a Contempt Complaint Buy Form

Checklist 9.3

- Checklist for Defending Against a Contempt Complaint Buy Form

Checklist 9.4

- Checklist for Bringing a Guardianship Petition Buy Form

Checklist 9.5

- Checklist for Opposing a Guardianship Petition Buy Form

Checklist 9.6

- Checklist for Removal of Minor Child from the Commonwealth Buy Form

EXHIBIT 9A

- Complaint to Establish Paternity Buy Form

EXHIBIT 9B

- Complaint for Custody-Support-Parenting Time Pursuant to G.L. c. 209C Buy Form

EXHIBIT 9C

- Motion for Temporary Order of Custody of Minor Child Buy Form

EXHIBIT 9D

- Motion for Temporary Order of Visitation Buy Form

EXHIBIT 9E

- Proposed Temporary Order Buy Form

EXHIBIT 9F

- Complaint for Contempt Buy Form

EXHIBIT 9G

- Contempt Summons Buy Form

EXHIBIT 9H

- Answer to Contempt Complaint Buy Form

EXHIBIT 9I

- Complaint for Modification Buy Form

EXHIBIT 9J

- Notarized and Verified Consent or Nomination by Minor Buy Form

EXHIBIT 9K

- Petition for Guardianship Buy Form

EXHIBIT 9L

- Bond for Guardianship Buy Form

EXHIBIT 9M

- Notarized Waiver and Consent to Petition for Guardianship of Minor Buy Form

EXHIBIT 9N

- Probate and Family Court Standing Order 4-09: Notice in Guardianship of Minors Matters Buy Form

EXHIBIT 9O

- Motion for Appointment of Temporary Guardian for a Minor Buy Form

EXHIBIT 9P

- Affidavit in Support of Emergency Temporary Guardian Buy Form

EXHIBIT 9Q

- Order Appointing Temporary Guardianship of Minor Buy Form

EXHIBIT 9R

- Rule 29B Affidavit Buy Form

EXHIBIT 9S

- Motion for Removal of Temporary Guardian of Minor Buy Form

EXHIBIT 9T

- Petition for Removal of Guardian of Minor Pursuant to G.L. c. 190B, § 5-212 Buy Form

EXHIBIT 9U

- Request for Counsel Buy Form

EXHIBIT 9V

- Petition for Grandparent(s) Visitation Buy Form

EXHIBIT 9W

- Answer to Complaint for Grandparent Visitation Buy Form

EXHIBIT 9X

- Agreement for Removal of Minor Child from the Commonwealth Buy Form

EXHIBIT 9Y

- Complaint for Authorization to Remove Minor Child from the Commonwealth Buy Form

EXHIBIT 9Z

- Affidavit in Support of Removal of Minor Child from the Commonwealth Buy Form

Chapter 10 expand

Domestic Violence Issues

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Sandra E. Lundy, Esq., Lundy Legal LLC

EXHIBIT 10A

- Sample G.L. c. 209A, § 11 Petition Relative to Domesticated Animal(s) Buy Form

EXHIBIT 10B

- Motion for Ex Parte Domestic Relations Protective Order Buy Form

EXHIBIT 10C

- Affidavit in Support of Protective Order Buy Form

EXHIBIT 10D

- Address Confidentiality Program Buy Form

EXHIBIT 10E

- Motion for Impoundment and Affidavit Buy Form

EXHIBIT 10F

- Motion for Order Excusing Service of Protective Order Buy Form

EXHIBIT 10G

- Personal Safety Plan for Victims of Domestic Violence Buy Form

EXHIBIT 10H

- Sample Arguments Against Mutual Restraining Orders Buy Form

EXHIBIT 10I

- Affidavit for Filing Out-of-State Protective Order Buy Form

EXHIBIT 10J

- Model Proposed Findings and Rulings Buy Form

Chapter 11 expand

Trial and Evidentiary Issues in Proving Paternity

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Pauline Quirion, Esq., Greater Boston Legal Services
Mark T. Smith, Esq., Atwood & Cherny, PC

EXHIBIT 11A

- Plaintiff’s Requests for Admissions Buy Form

EXHIBIT 11B

- Plaintiff’s Trial Chalk of Retroactive Support Buy Form

EXHIBIT 11C

- Sample Proposed Judgment on Complaint to Establish Paternity Buy Form

EXHIBIT 11D

- Sample Proposed Findings of Fact and Rulings of Law Buy Form

Chapter 12 expand

Postjudgment Relief from Paternity Adjudications and Modifications

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Pauline Quirion, Esq., Greater Boston Legal Services

EXHIBIT 12A

- G.L. c. 209C, § 11—Text of Statute and Amendments Buy Form

EXHIBIT 12B

- G.L. c. 209C, § 8—Text of Statute and Amendments Buy Form

EXHIBIT 12C

- Motion to Strike Genetic Testing Report and All Reference to Report Buy Form

EXHIBIT 12D

- Motion for Relief from Judgment Pursuant to Rule 60(b)(1)–(3) Buy Form

EXHIBIT 12E

- Affidavit in Support of Motion for Relief from Judgment Buy Form

EXHIBIT 12F

- Sample Opposition Where Father Has No Relationship with Child Buy Form

EXHIBIT 12G

- Affidavit to Oppose Relief from Judgment Buy Form

EXHIBIT 12H

- Sample Opposition Where Father Has Relationship with Child Buy Form

Chapter 13 expand

Child Support

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Kelly A. Leighton, Esq., Barnes & Leighton
Christina Paradiso, Esq., Community Legal Aid

Chapter 14 expand

Retroactive Support Awards, Attorney Fees, and Alternative Methods for Payment of Support

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Mary H. Schmidt, Esq., Verrill Dana LLP
Kristin Youkana, Esq., Stryker

Checklist 14.1

- Paternity—Retroactive Child Support Buy Form

EXHIBIT 14A

- Sample Proposed Findings and Judgment Buy Form

EXHIBIT 14B

- Sample Proposed Findings for Litigants Seeking Retroactive Relief Buy Form

EXHIBIT 14C

- Sample Motion for Allowance of Counsel Fees Buy Form

EXHIBIT 14D

- Sample Affidavit of Counsel Buy Form

EXHIBIT 14E

- Sample Certificate of Attorney Buy Form

Chapter 15 expand

Paternity Issues in the Juvenile Court Context

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EXHIBIT 15A

- Complaint to Establish Paternity and/or for an Order of Child Support Buy Form

EXHIBIT 15B

- Affidavit Disclosing Care or Custody Proceedings Buy Form

EXHIBIT 15C

- Notice of Judgment Establishing or Not Establishing Paternity Buy Form

EXHIBIT 15D

- Affidavit of Nonpaternity Buy Form

Chapter 16 expand

Inheritance and Support Issues for a Disinherited Child Born Outside of Marriage

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Lisa M. Cukier, Esq., Rubin Rudman LLP
Katie M. Dalton, Esq., Bowditch & Dewey LLP
Bryce J. Helfer, Esq., Hemenway & Barnes LLP

Chapter 17 expand

Selected Appellate Issues in Paternity-Related Cases

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Patricia A. DeJuneas, Esq., Sibbison, DeJuneau & Allen LLP

Appendix

Summaries of Significant Chapter 209C and Parentage-Related Cases

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Pauline Quirion, Esq., Greater Boston Legal Services

Editor(s)

Judicial Commentator(s)

Author(s)