Do you have a MOLST? Do you know if you should? MOLST stands for Medical Orders for Life-Sustaining Treatment. A MOLST is a standardized document that translates a patient’s preferences for certain life-sustaining medical treatments into an actual medical order. The medical order is effectively immediately, as soon as the doctor and patient sign the MOLST. It must be followed just like any other medical order. You can change your MOLST at any time. You can change the treatment you want even if it contradicts what you noted in your MOLST. While you should consult your physician about your specific Read More
Category: elder law
Incapacity Documents in Other States
As winter approaches, I’ve been asked by clients who are going to warmer climates whether they should have additional incapacity documents drafted in the state where they will stay most of the winter. The first thing I tell them is to make sure their Massachusetts incapacity documents are current. They may want to change their health care proxy or perhaps the contact information for people listed in those documents has changed. Once we address the Massachusetts documents and make sure they are current and properly executed, then I talk about the issue of other jurisdictions. If you are just going Read More
Contesting a Will
I often get asked why I favor a trust over a will when drafting estate plans. Sometimes a will works well for someone, particularly if the estate is very small and simple. One of the big reasons I don’t favor wills is that they are easier to challenge in court than a trust. Challenging or contesting a will can just add more chaos and pain to an already difficult time when someone dies. A will, unlike a trust, has to go through probate. That means the will is filed in the court and becomes a part of the public record. Read More
Will vs. Living Will
When I talk to my clients, they often ask if they will get a living will with their documents and how a living will is different from, well, a plain, old regular will. They are actually very different documents. A will is a legal document that allows you to leave property to certain individuals and organizations when you die. It lists a representative who will oversee the process and make sure your wishes are followed. A will must go through probate, which means it must be submitted to a court for approval. The probate process can take at least 9 Read More
The Importance of a Medicaid Trust
The October 2019 issue of The Atlantic contains an article that highlights the importance of an Irrevocable Medicaid Trust. In the article, the author discusses how older individuals may lose their homes if they need go into a nursing home and need Medicaid (also known as MassHealth in Massachusetts) to pay for it. She asserts that it is a little-known fact that most people don’t know to address unless they have a lot of assets and are doing estate planning. I am here to tell you that you need to protect your home if you think you will need to Read More