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 CORI and How to Obtain CORI for Clients

Buy Chapter

Ventura Dennis, Esq., Greater Boston Legal Services

Exhibit 1A

- Attorney, Advocate, or Designated Representative Request Form Buy Form

Exhibit 1B

- Affidavit of Indigency Buy Form

Exhibit 1C

- Supplement to Affidavit of Indigency Buy Form

Exhibit 1D

- Complaint Form: Incorrect CORI Buy Form

Exhibit 1E

- Incorrect CORI Complaint Form: Filled in Sample Buy Form

Exhibit 1F

- Personal Massachusetts Criminal Request Form Buy Form

Exhibit 1G

- Sample DCJIS Rejection Letter Buy Form

Exhibit 1H

- Juvenile Record Request Buy Form

Exhibit 1I

- Summary of Rights Under the Fair Credit Reporting Act Buy Form

Exhibit 1J

- Client Request for Own FBI Record Buy Form

Exhibit 1K

- State Identification Bureau Listing Buy Form

Chapter 2 expand

What Access Do Employers Have to CORI?*

Buy Chapter

Agapi Koulouris, Esq., Dept. of Criminal Justice Information Services, Commonwealth of Massachusetts

Exhibit 2A

- Summary of CORI Access Buy Form

Exhibit 2B

- Individual Registration Guide Buy Form

Exhibit 2C

- Organization Registration Guide Buy Form

Exhibit 2D

- Advocate/Attorney CORI Request and Affidavit of Indigency Buy Form

Exhibit 2E

- Attorney Request to Access CORI Buy Form

Exhibit 2F

- Model CORI Policy Buy Form

Exhibit 2G

- CORI Acknowledgment Form Buy Form

Exhibit 2H

- Complaint Form: Incorrect CORI Buy Form

Exhibit 2I

- Complaint Form: CORI Regulatory Violations Buy Form

Exhibit 2J

- Complaint Form: Improper Access or Dissemination of CORI Buy Form

Chapter 3 expand

How to Correct Errors on a Criminal Record*

Buy Chapter

Agapi Koulouris, Esq., Dept. of Criminal Justice Information Services, Commonwealth of Massachusetts

Exhibit 3A

- Motion to Correct Docket and CORI Buy Form

Exhibit 3B

- Motion to Delete Alias and Correct CORI Buy Form

Exhibit 3C

- Guidelines for Correcting a Criminal Record Buy Form

Chapter 4 expand

How to Administratively Seal Convictions and Closed Criminal Cases

Buy Chapter

Hon. Gregory I. Massing, Appeals Court, Commonwealth of Massachusetts
Pauline Quirion, Esq., Greater Boston Legal Services

Exhibit 4A

- List of Nonsealable Convictions Under G.L. c. 276, § 100A (Adult Records) Buy Form

Exhibit 4B

- Model Letter and Affidavit to Accompany Any Petition to Seal a Past Conviction or Dismissed Case for Two Ounces or Less of Marijuana Without a Waiting Period Buy Form

Exhibit 4C

- Petition to Seal Buy Form

Chapter 5 expand

How to Seal Criminal Cases Through the Court Process

Buy Chapter

Christina Miller, Esq., Suffolk University Law School
Pauline Quirion, Esq., Greater Boston Legal Services

Exhibit 5A

- G.L. c. 276, § 100K¼: Expungement of Record Resulting from Certain Possession or Cultivation of Marijuana Offenses Buy Form

Exhibit 5B

- Findings and Order Form Buy Form

Exhibit 5C

- Standing Order 1-09 (Amended) Buy Form

Exhibit 5D

- Petition to Seal Under G.L. c. 276, § 100C Buy Form

Exhibit 5E

- Sample Petitioner Affidavits Buy Form

Exhibit 5F

- Motion to Reconsider Buy Form

Exhibit 5G

- Memorandum in Support of Motion to Reconsider Buy Form

Chapter 6 expand

Record Sealing at the End of a Criminal Case

Buy Chapter

Sarah McClean, Esq.,
Pauline Quirion, Esq., Greater Boston Legal Services

Exhibit 6A

- Affidavit in Support of Petition to Seal Buy Form

Exhibit 6B

- Greater Boston Legal Services Pro Se CORI Affidavit Form Buy Form

Exhibit 6C

- Motion to Seal a Not Guilty Finding (Must Be Accompanied by Petition Form) Buy Form

Exhibit 6D

- Motion to Seal at Time of Dismissal (Must Be Accompanied by Petition Form) Buy Form

Exhibit 6E

- Model Motion: Nolle Prosequi Buy Form

Exhibit 6F

- Findings and Order Allowing Motion to Seal Record Buy Form

Exhibit 6G

- Section 100C Sealing Petition Buy Form

Exhibit 6H

- Sample Filled-Out Section 100C Sealing Petition Buy Form

Chapter 7 expand

How to Expunge Criminal and Juvenile Court Cases

Buy Chapter

Pauline Quirion, Esq., Greater Boston Legal Services

Exhibit 7A

- G.L. c. 276, §§ 100F–100H Petition Buy Form

Exhibit 7B

- Petition for Expungement of Marijuana Offenses Buy Form

Exhibit 7C

- G.L. c. 276, § 100F Model Petition Buy Form

Exhibit 7D

- G.L. c. 276, § 100G Model Petition Buy Form

Exhibit 7E

- Sample Affidavit in Support of Expungement Buy Form

Chapter 8 expand

Sealing Juvenile Records

Buy Chapter

Pauline Quirion, Esq., Greater Boston Legal Services

Exhibit 8A

- CARI Juvenile Record Request Form Buy Form

Exhibit 8B

- Petition Form for Sealing a Juvenile Record Buy Form

Chapter 9 expand

Employer-Related CORI Violations: How to Avoid Them—How to Remedy Them

Buy Chapter

Angela L. Rapko, Esq., Constangy, Brooks, Smith & Prophete LLP

Checklist 9.1

- Actions Required Before Questioning or Taking an Adverse Action Based on Criminal History Information Buy Form

Exhibit 9A

- Boston Ordinance Regarding CORI Buy Form

Exhibit 9B

- Cambridge Ordinance Regarding CORI Buy Form

Exhibit 9C

- Worcester Ordinance Regarding CORI Buy Form

Exhibit 9D

- CORI Acknowledgment Form Buy Form

Exhibit 9E

- CORI CRA Acknowledgment Form Buy Form

Exhibit 9F

- Instructions on Correcting CORI Buy Form

Chapter 10 expand

Motor Vehicle Issues Related to Drug, OUI, and Other Criminal Cases

Buy Chapter

Neil A. Scannell, Esq., Registry of Motor Vehicles Division, MassDOT, Commonwealth of Massachusetts

Exhibit 10A

- Request for Driving History Buy Form

Exhibit 10B

- Public Driving Record Request Form Buy Form

Exhibit 10C

- Request for Personal Information in RMV Records Buy Form

Exhibit 10D

- Multiple Offense OUI Hardship License Criteria Buy Form

Exhibit 10E

- Habitual Traffic Offender Hardship License Criteria Buy Form

Exhibit 10F

- Drug Offense (94C) Trafficking Hardship License Criteria Buy Form

Exhibit 10G

- List of OUI Programs Buy Form

Exhibit 10H

- First Offense (24D) OUI Hardship License Criteria Buy Form

Chapter 11 expand

How to Assist Tenants Denied Housing Related to CORI

Buy Chapter

Alyssa Golden, Esq., Community Legal Aid / Hampshire County

Exhibit 11A

- Sample CORI Advocacy Memorandum (Drugs) Buy Form

Exhibit 11B

- Sample CORI Advocacy Memorandum (Violence) Buy Form

Exhibit 11C

- Sample CORI Advocacy Memorandum (Reasonable Accommodation Request) Buy Form

Chapter 12 expand

How CORI Is Used in Domestic Violence and Family Law Matters*

Buy Chapter

Evan P. Bell, Esq., Foley & MacAdie PC
Kelly A. Leighton, Esq., Barnes & Leighton

Exhibit 12A

- Sample Motion to Consider CARI Buy Form

Editor(s)

Author(s)