Beyond the Will

  • Guardianship and Conservatorship: Relationship with Health Care Proxy and Durable Power of AttorneySeptember 24, 2020

    As previously discussed, guardianships and conservatorships involve making personal and financial decisions for persons who are unable to make decisions for themselves.  This sounds a lot like what can be accomplished by a health care proxy and power of …

  • Guardianship and Conservatorship: Initial Filing and Emergency OrdersSeptember 10, 2020

    Continuing with this month’s focus on special needs planning and decision-making, and building off of a prior post introducing the concepts of guardianship and conservatorship, this post will focus on the initial procedural steps in a Guardianship or Conservatorship filing, …

  • Special Needs PlanningSeptember 03, 2020

    Malley 9.3-01Navigating governmental entitlement programs in Massachusetts can be confusing and overwhelming.  In order to receive government assistance such as Medicaid (MassHealth) or Supplemental Security Income (SSI), income and asset limitations are imposed on a disabled individual.  So how can a …

  • Beyond the Will – September/October 2020September 02, 2020

    We are kicking off the Fall with a two-month series focused on special needs planning, guardianships, and conservatorship issues.  We will explore special needs trusts and then dive into guardianships and conservatorships, including filing requirements for guardianships and conservatorships, who …

  • Resolving Cases During the PandemicAugust 27, 2020

    Alternative dispute resolution (“ADR”) is a broad term to describe methods to resolve a case outside of the traditional courtroom, such as through mediation and arbitration.  Before the pandemic, cases often resolved through ADR; however, since the pandemic, there has …

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