Elder Care Law

Elder Care Law Attorneys

Planning for the future is not an easy task, but does make things easier for those you leave behind.

If you are the parent of minor children, you should think about who will care for them if something should happen to you before they become adults. No one wants to think of someone else taking care of their children, but it is a necessary part of planning. If you have children, you also need to consider an estate plan that addresses how your money would be distributed to your children: How old should they be when they any inheritance? If you don’t think about these things, the Massachusetts probate courts may make these decisions for you. Although they will make every effort to make the decision with the best interest of the child in mind, they may not endorse the same people that you would in selecting a guardian to care for them or conservator to manage their funds.

Elder Planning:

We help clients plan for the future. When a member of your family is failing in either physical or mental health, we help make this difficult time less trying, by explaining what steps need to be taken before a family member is no longer able to care for themselves. We can help you if your family member is no longer competent in legally taking care of that person.

A Power of Attorney and Health Care Proxy are important parts of any estate or elder care plan. In these two documents you name a person to make your general/financial and medical decisions for you. The Power of Attorney can take effect if you’re incapacitated or immediately upon execution. In the Health Care Proxy, depending on your personal preference, you can also include provisions which state that you do NOT WANT artificial life support under certain circumstances. If you become incapacitated or disabled, having these documents in place can avoid the need to have someone go into Probate Court and become officially appointed as your “legal guardian”. Without a Health Care Proxy, it can be a difficult experience to remove someone from life support.

We help clients with drafting basic wills and simple trusts. For more complex estates, we have a network of qualified Massachusetts estate attorneys and financial exerts we can send you to for assistance.

Guardianship Of An Adult:

Guardianship is the legal process to appoint a caretaker for adults who are unable to make or communicate effective decisions about their everyday self-care, health, and safety. The Massachusetts Probate and Family Court can appoint a Guardian to make some or all personal decisions on the adult’s behalf. A guardianship protects the adult’s rights and independence and can be limited to areas where the adult’s ability is impaired

Elder Care, Abuse or Neglect:

Elderly family members can be vulnerable. Our elder care attorneys will help you prepare for the time when you may need assistance in making decisions, or taking care of yourself. A family member or friend taking on a caregiver’s role for an older person can be quite challenging and emotional. You may find yourself in a situation that you are unprepared for. We can assist you to ensure you are provided the best care by those who are trying to help you. We also can aid those providing help to their elder family members. Berid & Schutzbank offers mediation and the Collaborative law process to assist families in making these difficult decisions under these emotionally charged situations.

When there is an emergency involving elderly abuse, neglect or financial mismanagement, our attorneys can help you take immediate control of a loved one’s assets and treatment plan through a guardianship proceeding and, if necessary, nursing home placement.  The firm has substantial experience obtaining protective orders for those Elders who have been abused, neglected, financially exploited or are otherwise at risk.

We understand the emotional complexities that accompany the process of caring for an elder and can assist our clients in taking the best steps to help their loved ones.

Contact Us For a Confidential Consultation:

Contact Berid & Schutzbank for a confidential consultation about your Massachusetts elder law matter. We serve clients throughout Middlesex County, Essex County, Worcester County, and the Merrimack Valley region including Andover, Billerica, Burlington, Chelmsford, Dracut, Dunstable, Georgetown, Haverhill, Ipswitch, Lawrence, Lowell, Methuen, Middleton, Newburyport, North Andover, North Reading, Tewksbury, and Wilmington, Massachusetts. We also serve the Southern New Hampshire area to include Salem, Pelham, and Plaistow.

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