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

What Is ESI and Where Does It Reside?

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Daniel K. Gelb, Esq., Gelb & Gelb LLP
Richard M. Gelb, Esq., Gelb & Gelb LLP

Chapter 2 expand

Phases When Handling ESI During E-Discovery

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Daniel K. Gelb, Esq., Gelb & Gelb LLP
Richard M. Gelb, Esq., Gelb & Gelb LLP

Chapter 3 expand

A Historical Perspective of E-Discovery

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Daniel K. Gelb, Esq., Gelb & Gelb LLP
Richard M. Gelb, Esq., Gelb & Gelb LLP

Chapter 4 expand

Electronic Discovery Practice and Procedure in Federal Court

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Daniel K. Gelb, Esq., Gelb & Gelb LLP
Richard M. Gelb, Esq., Gelb & Gelb LLP

Chapter 5 expand

Electronic Discovery Practice and Procedure in the Massachusetts State Courts

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Daniel K. Gelb, Esq., Gelb & Gelb LLP
Richard M. Gelb, Esq., Gelb & Gelb LLP

Chapter 6 expand

Electronic Discovery in Criminal Litigation and Regulatory Proceedings

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Daniel K. Gelb, Esq., Gelb & Gelb LLP
Richard M. Gelb, Esq., Gelb & Gelb LLP

Appendix

E-Discovery and Evidence Materials

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Appendix A

- The Sedona Conference: Selected eDiscovery Case Law, December 1, 2015 – December 31, 2016 Buy Form

Appendix B

- Electronic Evidence in Criminal Investigations and Actions: Representative Court Decisions and Supplementary Materials Buy Form

Appendix C

- Pleadings Buy Form

Appendix D

- Superior Court Rules and Standing Orders Buy Form

Appendix E

- Selected Massachusetts Rules of Civil Procedure Buy Form

Appendix F

- Other Materials Buy Form

Author(s)