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Massachusetts Elder Legal Questions

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13 legal questions have been posted about elder law by real users in Massachusetts. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Massachusetts Elder Questions & Legal Answers
Do you have any Massachusetts Elder questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 13 previously answered Massachusetts Elder questions.
Elder Law
Massachusetts

Recent Legal Answers

What options do I have with my mother who has dementia and lives with me but I am not her guardian or power of attorney?

Answered 4 years and 7 months ago by attorney Brian E. Barreira   |   1 Answer
There are potential Probate Court proceedings that could make sense here if your sister is not acting appropriately. A Guardianship proceeding is initiated to deal with personal and health care issues, and a Conservatorship proceeding is initiated to deal with financial issues. To get some initial direction, you may want to call your local Council on Aging and tell somebody there the dilemma you are facing.... Read More
There are potential Probate Court proceedings that could make sense here if your sister is not acting appropriately. A Guardianship proceeding is... Read More

I live in HUD apt in Dalton.

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Yes.  Wear a mask when you are outside of your apartment and limit your trips out.  Recent evidence shows that you are endangering yourself as well as others.
Yes.  Wear a mask when you are outside of your apartment and limit your trips out.  Recent evidence shows that you are endangering yourself... Read More

can I legally be provided general info about an elderly relative’s well-being without medical POA?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
A HIPAA Medical Information Release signed by your uncle will allow health care workers to share information with you.  You become his eyes and ears but, unlike being an agent under a Medical Power of Attorney, you do not have a voice.  
A HIPAA Medical Information Release signed by your uncle will allow health care workers to share information with you.  You become his eyes and... Read More

How do I get a refund from a vendor that did not provide services.

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hre a local lawyer to determine whether you might sue.
Hre a local lawyer to determine whether you might sue.

medicare has been canceled and was not reinstated even though payment was made.

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
You do not write why Medicare coverage was cancelled or what you have done in response. You may need to file an appeal.  You can find a local elder lawyer using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
You do not write why Medicare coverage was cancelled or what you have done in response. You may need to file an appeal.  You can find a local... Read More

Can my parents sell my grandmother's house with out power of attorney

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
Not without a Durable Power of Attorney or a guardianship of the estate (conservatorship).  It is not theirs to sell.
Not without a Durable Power of Attorney or a guardianship of the estate (conservatorship).  It is not theirs to sell.

Can my brother have credit card debt and a car loan if he is on Medicaid and SSDI and lives in a nrsing home at the present time?

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
Neither the credit card debt nor the car loan magically disappear because someone is receiving SSDI or SSI or nursing home Medicaid.
Neither the credit card debt nor the car loan magically disappear because someone is receiving SSDI or SSI or nursing home Medicaid.

My sister is power of attorney and she went and put her name on my mother's bank accounts. Does that mean she gets all the money when my mom passes

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
There are two considerations. First, as agent under a Durable Power of Attorney your sister can withdraw funds, even all the funds, on your mother's behalf. Second, IF she is "on the bank account" as a joint account holder, she is entitled to half the money when your mother dies.  If the account is "joint with right of survivorship," she is entitled to all of it.  Such accounts pass outside the Will.  But Massachusetts may allow her to be "on the account" merely for convenience.  If so, she is entitled to none of it.  ... Read More
There are two considerations. First, as agent under a Durable Power of Attorney your sister can withdraw funds, even all the funds, on your mother's... Read More

How to legally take control of our mother's money to prevent her from sending it to an online romance scammer?

Answered 6 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
If your mother has not granted and does not have legal capacity to grant you a Durable Power of Attorney and has not protected at least some of her money from her own folly in an income only trust, you may need to seek conservatorship (guardianship of her estate).  It will only be granted if she lacks legal capacity.  We all have a Constitutional right to be fools.  You can find a local elder lawyer to advise on your specific situation by using the Find a Lawyer function of the National Academy of Elder Law Attorneys (www.naela.org).... Read More
If your mother has not granted and does not have legal capacity to grant you a Durable Power of Attorney and has not protected at least some of her... Read More

can i sue for a deceased principal under mgl chapter 190 b section 5-506 without being the executor

Answered 10 years ago by attorney Brian E. Barreira   |   1 Answer
The authority to take any action under a durable power of attorney always ends upon the death of the person who had granted the power.
The authority to take any action under a durable power of attorney always ends upon the death of the person who had granted the power.

How do i get to see my mother who has been declared incompetant when my brother with POA won't let me see her.

Answered 12 years and 2 months ago by attorney William R. Pelger   |   1 Answer
Dont call me but call a local MA lawyer. If he has a legal POA, he can restrict you, at least in PA. YOu may have to hire a lawyer and file a petition in court. 
Dont call me but call a local MA lawyer. If he has a legal POA, he can restrict you, at least in PA. YOu may have to hire a lawyer and file a... Read More

can i take money from a joint account

Answered 13 years and a month ago by attorney Brian E. Barreira   |   1 Answer
Since your mother's name is on the bank account, a withdrawal from the account will usually be treated as a gift from her and cause her a period of ineligibility from MassHealth.
Since your mother's name is on the bank account, a withdrawal from the account will usually be treated as a gift from her and cause her a period of... Read More

Do I need to go to court for legal guardianship

Answered 13 years and a month ago by attorney Jeremy W. Howe, Esq.   |   1 Answer
Your cousin could use good advice from a Massachusetts elder-law attorney. I am a Rhode island elder-law attorney and I have some good contacts in Massachusetts. You may email me directly and I will respond via email with an attorney suggestion. jhowe@counselfirst.com
Your cousin could use good advice from a Massachusetts elder-law attorney. I am a Rhode island elder-law attorney and I have some good contacts in... Read More
Elder Law
Massachusetts

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