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

Introduction and Practice Note

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Mark A. Larsen, Esq., Committee for Public Counsel Services
Miriam Ruttenberg, Esq., Committee for Public Counsel Services

Chapter 2 expand

Admission to a Psychiatric Facility

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Mark A. Larsen, Esq., Committee for Public Counsel Services
Miriam Ruttenberg, Esq., Committee for Public Counsel Services

Chapter 3 expand

Commitment to a Psychiatric Facility

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Mark A. Larsen, Esq., Committee for Public Counsel Services
Miriam Ruttenberg, Esq., Committee for Public Counsel Services

Chapter 4 expand

Guardianship

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Mark A. Larsen, Esq., Committee for Public Counsel Services
Miriam Ruttenberg, Esq., Committee for Public Counsel Services

Chapter 5 expand

Evaluation and Commitment of Criminal Defendants and Insanity Acquittees

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Mark A. Larsen, Esq., Committee for Public Counsel Services
Miriam Ruttenberg, Esq., Committee for Public Counsel Services

Chapter 6 expand

Litigating Mental Health Cases

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Mark A. Larsen, Esq., Committee for Public Counsel Services
Miriam Ruttenberg, Esq., Committee for Public Counsel Services

Appendices expand

Department of Mental Health Regulations

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Appendix A

- District Court Standards 2019 Buy Form

Appendix B

- Selected MHLD Performance Standards 2019 Buy Form

Appendix C

- Trial Practice Checklist for Civil Commitments Buy Form

Appendix D

- Checklist for Guardianships Buy Form

Appendix E

- Standing Order Regarding Access to Medical Records and Other Documents Buy Form

Appendix F

- Standing Order Regarding Attorney Access Buy Form

Appendix G

- Chapter 123 Buy Form

Appendix H

- Chapter 190B Buy Form

Appendix I

- Chapter 201D Buy Form

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