Practice Areas
Elder law is a legal term coined to cover an area of legal practice that places an emphasis on those issues that affect the growing aging population. When starting the process of searching for a local Elder Law Attorney, it is important to determine the experience level of the practice to be sure it meets your needs and goals.
The importance of developing your family’s estate plan with an experienced attorney with a dedicated practice and extensive experience cannot be overstated. Older client’s needs are complex and varied, requiring a detailed analysis of health concerns, as well as legal, financial and insurance matters, all of which are constantly evolving as clients move through the continuum of aging issues.
In this time of uncertainty for the Medicare, Medicaid and Insurance programs, along with advances in medical treatments that extend life, the possibility of outliving retirement assets is of primary concern for clients at any age – it is critical to work with a professional that will best help preserve your hard earned savings!
No estate is too small for proper planning. A complete estate plan is more than just a Will or a Trust. Although a Will and Trust are critical to direct the ultimate distribution of assets, other documents are needed to address issues that often arise during one’s lifetime.
Asset Protection – from potential future long term care costs
Our planning addresses one of the biggest areas of exposure that seniors face if health declines – long term care nursing home costs are currently in the tens of thousands of dollars per month.
Probate Avoidance
Avoiding the Probate Court system whenever possible is an important factor in any Estate Plan. Proper “living documents” such as a Durable Power of Attorney, Health Care Proxy, and HIPAA Medical Release that properly assign trusted individuals to act on your behalf in the event of mental or physical incapacity can prevent the need for court involvement during one’s lifetime (i.e., Guardianship/Conservatorship). Additionally, establishing appropriate trusts that allow assets to be distributed directly to heirs will eliminate the need for the time consuming, public nature and high cost of the Probate court process.
Estate and Medicaid Planning
At Clougherty & Associates, we provide comprehensive legal solutions to help seniors, disabled individuals and their families navigate the complex challenges of aging. Our services encompass probate avoidance through powers of attorney, health care proxies, wills, trusts and asset preservation strategies. We guide clients through Medicaid/MassHealth applications and appeals to maintain independence by accessing home/community-based care or assisted living benefits. For those requiring nursing home level care, we optimize financial resources and leverage programs like long-term care insurance. Our veteran clients receive assistance securing the Aid & Attendance pension. Special needs trusts safeguard disabled loved ones' quality of life without jeopardizing public benefits. From proactive planning to crisis management, we deliver personalized strategies preserving your wealth and upholding your wishes.
Community Based Programs
Once we establish the individual family's goals, we provide a realistic action plan that evaluates various benefits to help cover the costs of care. If the aim is to return home from a nursing facility or access community-based Medicaid programs for in-home care, we explore options such as the Frail Elder Waiver Program, PACE (Program for All-Inclusive Care for the Elderly), Adult Family Caregiver Programs, and Personal Care Attendants. The decision to utilize any of these community-based services hinges on several factors, but the primary focus is maximizing the necessary support system to keep your loved one safe and independent at home for as long as possible. Our comprehensive evaluation ensures that the right care solution aligns with your family's specific needs and preferences.
Veterans Aid and Attendance Pension
Attorney Clougherty is a Veterans Accredited Attorney, and as a courtesy to our veteran clients, assesses cases for eligibility to receive a special pension called the Veterans Aid and Attendance pension. This is a pension for veterans or their surviving spouse who are in need of personal care assistance and have a certain amount of unreimbursed medical expenses, based on income, assets and care needs as well as dates of service during a war time.
*It is important to note that the asset transfer rules for the Veterans Aid & Attendance and Medicaid/Masshealth programs are based on different rules and regulations, and must be addressed accordingly in case care needs change and nursing home placement is needed.
Nursing Home Medicaid
With the cost of nursing home care in Massachusetts in the tens of thousands of dollars per month, it is critical that families learn how to best plan for the possibility of requiring care in a skilled nursing facility at some point in their lives. Even if no planning has been done and someone is suddenly faced with needing long-term care in a nursing home, there are still strategies that can be implemented to reduce exposure of assets, but only when working with a qualified, experienced Medicaid planning firm.