Cohen & Oalican discuss how "You Can Have Your Benefits And Defer Them, Too"

Cohen & Oalican, LLP; Medicaid, MassHealth and Elderlaw Attorneys in Boston, Andover, Raynham.

Part 2

On Thursday, October 23, 2008, the New York Times included a Special Section entitled "Retirement" containing a number of interesting and informative articles. Given the present financial crisis and the resulting uncertainties we face, it is more important than ever to be well informed about financial and legal issues which may impact our families and to do some medicaid planning. We encourage you to read these articles as well as other articles which impact seniors at the New York Times website.

"You Can Have Your Benefits And Defer Them, Too" explains that retirees who start collecting their Social Security benefits at the age of 62, can later, at the age of 70, file a withdrawal application and get the maximum benefits after repaying what they have collected so far. The article discusses the advantages and disadvantages of electing to collect benefits before the age of 70, financial and otherwise, and provides examples as well.

The full article can be accessed at the following link: Article.


This series, brought to you by Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship Attorneys in Boston. Posted by Elder Law Boston Lawyer

Cohen & Oalican LLP, discuss guardians and conservatorship in the UPC

Cohen & Oalican, LLP; Medicaid, MassHealth and Elderlaw Attorneys in Boston, Andover, Raynham.

Welcome to the Uniform Probate Code cont'd




Health Care Proxy vs. Guardians

The UPC clarifies that if there is a valid health care proxy in place, decisions made by the health care agent take precedence over those of a guardian. In addition, a guardian cannot revoke a health care proxy without court authority. However, a conservator can revoke a durable power of attorney and a conservator’s decisions take precedence over the attorney in fact.


Monitoring

Responsibilities

Guardians must now maintain “sufficient contact with the person to know of his or her capacities, limitations, needs, opportunities and physical and mental health”. Arguably this was true under the old guardianship statue, having it stated clearly is an important change to the statute. Although guardians now only deal with the person, if there is no conservator in place a guardian take care of the person’s personal property and commence a conservatorship proceeding if necessary to protect their property.

This series, brought to you by Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship Attorneys in Boston. Posted by Elder Law Boston Lawyer

Cohen & Oalican discuss changes for Admit to Nursing Home

Cohen & Oalican, LLP; Medicaid, MassHealth and Elderlaw Attorneys in Boston, Andover, Raynham.

Welcome to the Uniform Probate Code cont'd

Commitment Proceedings

These cases will be heard in Superior Court. They will no longer be heard in Probate Court.

Powers

Admit to Nursing Home

There is the most important change regarding powers of guardians. Under the UPC, a guardian cannot admit an incapacitated person to a nursing home without a specific finding by the court that the admission is in the person’s best interest. A health care agent would still have the authority to admit to a nursing home.

This series, brought to you by Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship Attorneys in Boston. Posted by Elder Law Boston Lawyer

Cohen & Oalican,LLP Boston, Andover, Raynham address the Uniform Probate Code

Cohen & Oalican simplify Uniform Probate Code in Part 1 of the series.

Pt. 1
WELCOME TO THE UNIFORM PROBATE CODE
Introduction
Article V of the Uniform Probate Code (the UPC) was put into effect on July 1, 2009. The purpose of the UPC is to try to improve legal proceedings for incapacitated persons. These improvements address outdated terminology, shortfalls in protecting the legal rights of incapacitated persons and lack of monitoring by the courts. The statute embraces the basic idea that there are many degrees of incapacity and that the courts should carefully tailor the appointment of a guardian or conservator to the specific needs of the individual. The UPC instructs the courts to favor limited guardianships whenever possible. Although the law attempts to provide better court oversight for guardians and conservators with a new monitoring system, it remains to be seen whether this will be more true in theory than in practice. Regardless, all of the new changes reflect additional sensitivity and respect for individuals who are unable to manage their personal and financial affairs.

This is a series, brought to you by Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship Attorneys in Boston. Posted by Elder Law Boston Lawyer.