Life Becomes More Complicated, a column authored by Attorney Mikael Hooker, is a wealth of information. He covers everything from living wills to nursing home costs. We are happy to provide copies of his articles here.

 

There are generally two types of trusts used in estate planning: revocable or “living” trusts and irrevocable trusts. For this column I will discuss the simpler version, the revocable, or “living” trust.

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I have written columns in the past discussing irrevocable trusts and living trusts. Irrevocable trusts are good devices for protecting assets in the event of nursing home placement because the asset is not titled in the name of the individual and cannot be accessed by the elder.

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The three core documents of an estate plan are the health care proxy, power of attorney and will. The first two are documents that anticipate that at some point you may be unable to make medical and financial decisions while alive but disabled.

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I believe that death is not the worst thing to happen to an elder. A catastrophic illness or disease that saps your ability to enjoy life’s pleasure while costing you tens of thousands of dollars for care….that is a harder pill to swallow.

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The Massachusetts legislature enacted, as of July, a sweeping new law regarding guardianships in the probate court. The changes were made at least in part because of perceived abuses highlighted in a Boston Globe spotlight article a while back.

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