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Massachusetts Elder Law Questions & Answers
0 Answers | Asked in Elder Law for Massachusetts on
Q: Am I still financially responsible for my husband. After being in a nursing home for 2 months the psychiatrist says he c

he can make his own decisions. He no longer wants to see me and his 2 daughters are also angry with me. One daughter is seeking guardianship and it’s fine for her to take him. I have DPOA and HCP. How do I protect myself in this situation? I want to make sure I’m no longer financially... View More

2 Answers | Asked in Employment Law, Civil Rights and Elder Law for Massachusetts on
Q: I work for a Adult Foster Care company. An elderly client sold me his truck. The company wants me to give it back. Do I?

They said I cannot accept gifts from clients, but this was only told to me afterwards, and I couldn't find anything in my employee handbook about it either. The truck was legally purchased with a bill of sales, and the title signed over. Do I have to give the truck back? Besides termination,... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Massachusetts, if you purchased a truck from an elderly client while working for an Adult Foster Care company, and the company is now requesting you to return the vehicle citing policies against accepting gifts from clients, the legality of keeping the truck depends on several factors. If the... View More

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2 Answers | Asked in Criminal Law, Elder Law, Identity Theft and Military Law for Massachusetts on
Q: neighbor stole $8000 from my 80 yr old mom's bank card, caught on bank ATM camera, admitted it and wasn't arrested.

Intentional, waited till I left for a week to use my mom's card. Intent was there considering he was smart enough to only take out the maximum money allowed daily from ATMs, fun times at Mohegan Sun, all totally caught and verified by police. They brought him in for questioning and told me... View More

James L. Arrasmith
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answered on Nov 27, 2023

In the situation where your 80-year-old mother's bank card was stolen and used to withdraw money, it's understandably frustrating and confusing when the perpetrator admits to the crime but isn't arrested. The decision to arrest or not can depend on various factors, including local... View More

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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Massachusetts on
Q: Can my grandson take my house away from me?

My mother-in-law lost her husband 10 years ago. The grandson who has been living there with them rent free for over 20 years is now trying to take the house away from her. My mother-in- law is 83 years old and is alert, drives a car and manages and pays all the bills. She thinks the grandson stole... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 17, 2023

If she is missing her Will she can "replace" it by doing a new one if she is competent.

1 Answer | Asked in Elder Law for Massachusetts on
Q: What should my grandmother do now that she's been scammed out of thousands of dollars by a "friend"?

The amount ranges from 15k to 20k. The fraudster lives in CT and my grandmother lives MA and she refuses to divulge any information.

Michael M Marques
Michael M Marques
answered on Aug 16, 2023

There are a number of options available to your grandmother. Under Massachusetts General Laws, Title II, Chap. 19A, financial exploitation is defined as "an act or omission by another person, which causes a substantial monetary or property loss to an elderly person, or causes a substantial... View More

1 Answer | Asked in Domestic Violence and Elder Law for Massachusetts on
Q: How can we remove our granddaughter from our deed?

She wanted to purchase our home and build an addition on it for us to live in. We allowed her to move in after she sold her house so the kids could go to school here. When she found out it would be too costly for her to do that she asked me if she should buy another house and I agreed but she... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 14, 2023

Likely, you would have to do a partition action and buy out her interest in the property. Contact a real estate attorney in your county.

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Massachusetts on
Q: Beneficiary of a Trust . Trust being challenged to change beneficiaries other party claims person who passed wasnt well

I was not present when the Trust was signed did not know i was a beneficiary but a family member was present witnessed this as Trustee and the settlor signed it . If for some odd reason this doesnt go in my favor do I have a lawsuit against the attorney who notarized the Trust as a benificary.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 12, 2023

Is the Settlor lacking competence or under duress or undue influence in the transfer into Trust? These are the issues.

1 Answer | Asked in Family Law and Elder Law for Massachusetts on
Q: Good afternoon, What is the caretaker child exemption law in Massachusetts and how do I qualify for this? thank you

My mom is 92 years old and she is living with me right now as her home is being repaired. I have been taking care of her since 2/2023 when my dad passed away. How can a person qualify for the caretaker child exemption law?

Thank you

Michael M Marques
Michael M Marques
answered on Jul 12, 2023

The Caregiver Child Exemption generally enables an elderly individual to transfer their home to their adult child without violating Medicaid's Look Back 60-month period on asset transfers. Under 130 CMR 520.019(D)(6)(d), a transfer of a former principal residence by a nursing home resident to... View More

1 Answer | Asked in Elder Law and Landlord - Tenant for Massachusetts on
Q: I have a question I would like to know what is my rights of living in an apartment building. Under Section 8. I am an I

I have a tenant that live above me that have two kids in there and they're very noisy and I could understand that kids can be kids but they're not even trying to calm them down even with the dog dropping things and all kinds of stuff I am 62 years old and I don't need the extra... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 26, 2023

This sounds like a Landlord Tenant issue and you should review your Section 8 agreement with the Housing Entity you have before proceeding toward eviction.

1 Answer | Asked in Elder Law and Landlord - Tenant for Massachusetts on
Q: I actually have 2 questions: 1.) Is it legal to lease out an apartment in an ALF to someone if the previous tenant who

lived there has already paid through the end of the month?

2.) In an ALF is it legal for the facility to take a bed that I purchased for my father and give it to someone else to use?

Christopher Tolley
Christopher Tolley
answered on Oct 26, 2022

As to question 1, the ALF agreement likely addresses the rights and obligations of the parties if an occupant vacates a unit for which he has already paid rent. The ALF agreement may also address the disposition of an occupant's personal property once the occupant vacates the unit. Also, you... View More

1 Answer | Asked in Elder Law for Massachusetts on
Q: I was sent a demand letter from my father's Nursing Home Attorney. Demand payment of his balance with a Chapter 109A .

Uniform Fraudulent Transfer Act. My dad was a resident at Life Care Center Billerica, MA from May 25, 2021 - July 11, 2022(death). I had him transfer House deed to me and my sister in Sept 2021 recorded on 10/8/2021. His balance is 8,600. I was aware of the balance, however, explained how he has... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 26, 2022

So, there was a house transfer close to the date of death and includable in the lookback period so that there probably would not have been Medicaid/MassHealth eligibility . Contact a Medicaid specialist on this issue ASAP to present your set of facts to see if there is something recommended at... View More

2 Answers | Asked in Bankruptcy, Foreclosure and Elder Law for Massachusetts on
Q: My client is 88, her home is under water and she cannot afford to repair the failing electric and plumbing systems.

On paper, she is not low-income ($42,000/year) but owes $7K for electric and many other debts. If she foreclosures is she still responsible for the mortgage? (She cannot pay that and rent also.) Would Chapter 11 be a better option for her? Can she rent an apartment after Chapter 11 or will... View More

Robert Simonian
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Robert Simonian
answered on Jul 13, 2022

A Chapter 7 bankruptcy sounds like it may be in her best interest at this time however I can not say this absolutely without a full interview. You can call me or another experienced bankruptcy attorney and they should be able to give you a good solid answer and plan to move forward. A chapter 7... View More

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1 Answer | Asked in Family Law and Elder Law for Massachusetts on
Q: Have a question about my elderly mother

She was living with my sister and my sister was a domestic violence victim,he is in jail. She,my mom, has dementia,but if am the guardian of my mom can I tell elderly serviceI want my mom with my sister?

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 2, 2022

A guardian can make decisions in the incapacitated person's best interests and there seems to be an issue of sister's husband being a domestic abuser which could subject your mother to potential violence if I am reading your question correctly. Inasmuch as elder abuse could be claimed... View More

1 Answer | Asked in Elder Law and Health Care Law for Massachusetts on
Q: My mother unexpectedly landed in a nursing home/rehab facility. Her mental status comes & goes. She's on Medicare.

I'm not positive about Medicaid. She receives $1500.00/mo from separated spouse & $200.00/mo in socal security. She has no other assets...Until...a sister died & has left her an inheritance of $200,000.00+.

She has 8 children. Our questions are, if she stays in the nursing... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 26, 2022

If her mental status is in doubt then there should be a Conservator appointed by the Probae Court where mother resides to handle her finances and also a Guardian to handle her care if there are not agents under a Power of Attorney and Health Care Proxy granted authority to act by her prior to... View More

2 Answers | Asked in Estate Planning, Elder Law and Probate for Massachusetts on
Q: My dad left an irrev. trust&my sister & I are co-trustees. Everything's split 50/50.Is it legal for her to take things

My father passed away and left an irrevocable trust. My sister and I are co-executors and everything is divided 50/50. She has gone behind my back and taken things (of significant value). Is that legal and if not what can I do to stop her? My sister and I have been estranged for many years so there... View More

Nina Whitehurst
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answered on Jul 10, 2021

Your probate attorney can help you file a petition to require your sister to account for all assets or to have her removed as executor if she is engaging in malfeasance.

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1 Answer | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for Massachusetts on
Q: Can an alternate designation written on a will (not a beneficiary) supersede the Heirs-at-law?

A second cousin is named as an alternate in a will. The first cousins are the heirs-at-law. The second cousin is contesting the will.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 28, 2021

If the devisees under the Will are all alive, then it would seem that an alternate designated or conditional beneficiary-devisee would not take under the Will. If the Will is disallowed the heirs under intestacy would take.

1 Answer | Asked in Elder Law, Real Estate Law, Estate Planning and Probate for Massachusetts on
Q: I signed over my home to my grandson . Can I reverse this decision? Is there a time limit to do this
Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 29, 2021

You have not supplied any details as to what the circumstances were and it is possible that you were victimized and coerced into doing so or not competent at the time and may be able to pursue an equity action. Pursuing action sooner is better than later and you don't want to run into any... View More

1 Answer | Asked in Civil Rights, Elder Law, Land Use & Zoning and Municipal Law for Massachusetts on
Q: What can I do? My bad neighbor dumped junks (big old larger snow plow and more) to my property 4 days ago.

It is impossible to sell my house with all the heavy junks they dumped into my property. I need to sell my house.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 17, 2021

Also sounds like a real estate trespass case.

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Elder Law for Massachusetts on
Q: My mothers name on the deed to my grandfather's house but his will says its left to me

Would the house still fall under part of his estate

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 20, 2021

While it appears that If the title to the real estate was not in grandfather's name then he already transferred it to your mother and thus does not appear to be in grandfather's estate, but were there other facts??? This question is Not susceptible to a black and white answer without... View More

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1 Answer | Asked in Elder Law for Massachusetts on
Q: I was granted guardianship of my 67yo mom who's mentally ill and is an alcoholic.Can I mandate her to go to a 90day prog

The judge did not mandate placement in a long term care facility. She continues to relapse and put her safety at risk and our next court date is not until January 2021. The medical certificate said that she is incapacitated but now an independent medical evaluation was ordered. Can I mandate that... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 22, 2020

If your order does not give you the ability to place her in a facility then you will need to file and serve an appropriate Motion with Affidavit seeking such.

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