Best Probate Attorneys in Peabody, MA

In a nutshell, guardians are appointed by the court to make healthcare related decisions for an incompetent person. Conservators are similar except they are only empowered to make financial decisions for the person. In an appropriate situation the court may appoint someone to fill both roles.

Long-term care can be provided not only in a skilled nursing facility (nursing home) but in many other settings. Home health care is increasingly popular, allowing seniors to remain independent as long as possible. Assisted living facilities offer an intermediate alternative between home health care and nursing homes and provide some monitoring and medical care in a home-like environment. Continuing care retirement communities and retirement communities with memory care units may work well for seniors with fluctuating needs or dementia, as they can move among sections of the community as their health condition changes.

Depending on your age and health, a long-term care policy that covers home health care, assisted living, and nursing home care can be a good option, as these care costs are quite expensive and can quickly deplete a lifetime of hard-earned assets. However, long-term care insurance also tends to be expensive and difficult to obtain and thus is not the right option for everyone.

The failure to engage in estate planning can have costly and devastating consequences. Unfortunately, many people believe that if they get sick their spouse can handle everything and if they die, their assets will automatically go to their spouse and children. While there are certain default laws that apply where there has been little or no estate planning, failing to take appropriate steps in advance can lead to many unintended consequences, such as losing significant assets to the nursing home or taxation as well as litigation among family members.

If you die intestate (without a will), Massachusetts statutory law will determine who receives your property by default. Typically, the distribution is to your spouse or children, or if none, to other family members. The statutory plan may or may not reflect your actual wishes. A will allows you to change the default statutory distribution scheme to suit your wishes, as well as to make a number of personal decisions to suit your objectives that the default provisions cannot address.