A Century of service
Generations of excellence
Since 1911

McWALTER, BARRON & BOISVERT, LLP

McWalterLaw

30 Monument Square
Suite 145

Concord, MA 01742

T: (978) 369-2252
     (781) 259-8686
F: (978) 369-6989

Elder Law


Elder Law is a broad area of the law that focuses on the legal issues facing older adults and their families. It includes areas such as retirement planning, estate planning, real estate, guardianship, probate life insurance, long-term care, in home care and end-of-life decision-making. With proper and detailed planning, elderly clients are often able to maintain control and independence over their affairs while providing a mechanism for their wishes to be carried out should circumstances arise where they need assistance from family members or others in regard to health or financial decisions. Important documents in such circumstances may include Wills, Trusts, Durable Powers of Attorney and Health Care Proxy. As elder law attorneys, we understand that issues facing elders are very personal and we possess the abilities to listen and cater to the needs of older adults to allow them to make suitable planning choices.

Medicaid Planning. A subspecialty of Elder Law is Medicaid Planning. Nursing home care is expensive and it not covered by Medicare. If you run out of money, it can be sometimes be paid for by Medicaid. However, in order to qualify for Medicare (known as "MassHealth" in Massachusetts), you must be almost out of money and you can't simply give away your money to children or others just to qualify. The situation can be more complicated if one spouse is in good health and the other needs nursing home care. With foresight and an experienced elder law attorney, Medicaid Planning can often preserve a significant portion of the family assets while qualifying an elder for nursing home benefits in the shortest period possible. Often times, clients can accomplish their goals and needs by creating irrevocable income only trusts. This planning should be done well in advanced as Medicaid planning must take into account the five-year look-back period. In other words, gifts given to children within this period may still be counted as part of assets when determining Medicaid eligibility. That being said, even without advanced planning, there are limited number of planning options such as annuities that are available to families facing the imminent placement of a parent or loved one in a long-term care facility. We provide experienced representation for families planning Medicaid. Our elder law attorneys understand the complexities of the laws and requirements for Medicaid.

To discuss your Medicaid planning issues or for assistance fashioning a Medicaid plan to fit your circumstances, please call our office today to schedule a confidential consultation with one of our elder law attorneys.