ESTATE PLANNING

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Your estate includes all of your assets or property which is distributed to your living relatives or heirs upon your death. Probate is the legal process in which a court oversees the distribution of these assets. The estates of people with or without wills go through probate, though there are many ways to structure your finances so that significant assets pass outside the probate process.

Estate planning is the process of drafting the documents which ensure your assets will pass to the intended people when you die, but in the modern day more and more people are concerned not only with the question of what happens if they die, but aslo what happens if they live. Elder Law is the process where we assist you in developing a plan to protect your assets, so that everything you have accumulated throughout life is not wiped out by one lengthy illness, or unexpected stay in a nursing home.

We serve clients whose needs require the full range of available estate planning techniques, from simple wills, to Trusts that help you avoid probate, to complex dispositive plans which incorporate sophisticated tax planning. We also provide fiduciary probate administration services to clients. Having a will can help reduce the probate period and is very important for parents with children who are minors since guardian arrangements are usually made in a will.

Guardianships

On rare occasions where there are no family members available, attorneys at our Firm have served as Guardians for disabled and/or affirmed survivors providing assistance with financial matters, custodial care as well as oversight and review of medical treatment.

Guardianship/Conservatorship of an Adult

If an adult becomes unable to make essential decisions about his or her finances, personal care, and medical/health due to a clinically diagnosed circumstance, the Massachusetts Probate Court is empowered to appoint a Guardian and/or Conservator for the adult. The Guardian or Conservator’s statutory duty is to make decisions that are in the best interest of the adult while applying the least restrictive structure and supporting the adult’s self-reliance and independence.

Developmental Disability and Guardianship/Conservatorship

When a child with a developmental disability turns eighteen years old, they are considered, in the eyes of the law, a competent adult with full legal rights to make important decisions regarding their finances, housing, health, education, and medical treatment. You as their parents are no longer able to make legal decisions on your child’s behalf or have access to their personal records. Let us educate you on available resources on developmental disability, Conservatorship and Guardianship as a protective arrangement.

Alternative to Guardianship: A Health Care Proxy and an Advanced Care Directive

As a legally competent adult, you have the right to make your own decisions regarding your finances, medical treatment, and health care, and to appoint someone of your choosing to make health care decisions for you if you become incapacitated. Conversely, if you have not appointed a Health Care Agent and you become incapacitated, the Massachusetts Probate Court is empowered to appoint a Guardian to protect your independence and make personal and medical decisions that are in your best interest. The execution of a Health Care Proxy while still competent can be an empowering alternative to the Guardianship process.