Our staff is committed to providing clients the highest quality services with the greatest degree of personal attention. We are sensitive to the needs of each individual client and strive to make the process as smooth as possible. We are professional advocates with problem solving skills that benefit the elder community.

Please contact us for further information.

Estate Planning is a critical step in protecting and determining your personal, financial and medical future as well as protecting your assets from either taxation or succession to individuals not of your choice.

Estate planning allows people to provide direction about the disposition of their assets after their death. Each individual's estate plan is unique. There is no "one size fits all".

An estate includes real property, such as land, and personal property, such as a car, bank accounts, and household items. The process by which an individual or a family transfers their assets to legal heirs in anticipation of one's death is called estate planning. The main aim of estate planning is to safeguard the maximum amount of assets for the proposed beneficiary or survivor. Common ways of dispersing property are through wills, trusts, and inter vivo gifts. Estate planning has to be in conformity with federal and state laws.

Our experienced estate planning attorneys will analyze all aspects of your family's financial and personal situation in order to develop a customized estate plan for you. This includes a comprehensive look at how to:

• transfer wealth to future generations;
• minimize estate and income taxes;
• address issues of business succession;
• avoid probate;
• plan for disability or incapacity; and
• carry out your goals for charitable giving

We routinely assist families in preparing wills, trusts (including revocable living trusts, life insurance trusts, charitable remainder trusts, minors trusts and special needs trusts), powers of attorney and health care directives.

The proper preparation of an estate plan can maximize the amount of assets passed on to heirs, while minimizing taxes as well as an executor's or trustee's stress.

The procedures our office follows for estate planning are relatively straightforward. We initially gather basic demographic and financial information, and then take the time to talk with our clients personally in order to best understand their wishes. After meeting with clients and deciding upon an appropriate estate plan, the proposed documents are drafted and refined, as needed. A simple estate plan might involve such legal documents as wills, healthcare and financial powers of attorney, living wills, and declarations of final arrangements. A more complex plan could involve one or more revocable or irrevocable trusts in addition to the documents mentioned above. Upon the client's review and approval, these documents are then prepared for execution and finalization.

Advance directives are documents which provide instructions to others, such as family members, medical providers or financial institutions, concerning what type of medical care or financial asset management that person would want (or not want) at some point in the future (i.e., in "advance").

A will is a document created to express a client's wishes with regard to the disposition of his or her estate upon the client's death. A will becomes effective only upon the death of its maker (the Testator or Testatrix), and may be used in conjunction with a revocable or irrevocable trust or may stand alone to direct the final distribution of assets. Unlike an inter vivos trust document, a will requires the assistance of the Probate Court to administer whatever assets are left behind by the maker, which often results in delay and additional expense.

If you want to ensure that the people you care about inherit your assets, then you should have a will. Otherwise, the government creates an estate plan, called intestacy, for you. People you care about may not inherit your assets under the government created estate plan.

A durable power of attorney allows you to choose someone to manage your assets and pay your bills in the event of your disability or incapacity. Otherwise, if you become disabled or incapacitated, someone will have to petition a court to obtain the power to provide these services for you.

When you sign a Durable Power of Attorney, you are giving legal authority to someone (called your agent or attorney-in-fact) to act on your behalf. This provides a simple way for someone to manage part or all of your financial affairs.

It is recommended that you keep the original document in your possession and tell the agent where he or she can locate the document if it is needed.

Property subject to a Durable Power of Attorney can include all real and personal property, including stocks, bonds, mutual funds, bank accounts and other intangible personal property.

A Power of Attorney for Financial Matters is a document that it appoints a person (the "agent" or "attorney-in-fact") to make financial decisions for an individual (the "principal"). As the title implies, the Power of Attorney for Financial Matters grants the agent control over the principal's assets. Because medical and financial decisions are governed by separate laws, each power of attorney document is established separately. A Power of Attorney for Financial Matters that is "durable" should be created as part of any sound estate plan when the client is competent, as a preventative measure for the possibility of future loss of mental capacity to manage one's own finances.

A living will is one type of advance directive. A living will is a document that enables a client to state whether life support should be provided or withheld under certain medical scenarios.

As long as you are competent, you can make your own choices regarding your medical treatment, so this document is only used if you are not able to make your own decisions.

What are durable powers of attorney for health care and living wills?

A durable power of attorney for health care allows you to retain control over your own medical care during periods of incapacity through the prior designation of an individual to make health care decisions. A living will allows you to direct what measures will be used to prolong your life in circumstances where there is no hope for recovery.

The advance directive known as Durable Power of Attorney for Healthcare (HCPOA) is different from a living will, although the directions under each should be consistent. A HCPOA names one or more persons to make medical decisions for the signer in the event of mental or physical incapacity. Specifically, the HCPOA document empowers an individual (the agent) named by the individual signing the document (the principal) to sign consents, discuss healthcare issues with the principal's care team, secure second medical opinions, and ultimately make final decisions regarding health care matters, including end-of-life decisions, such as withholding life support or administrating palliative care.

A trust is an agreement where one person manages the property and money for the benefit of another person. Trusts are created for personal and financial security, as a means to control property, and to avoid unnecessary taxes. A trustor, a trustee, a beneficiary, trust property, and a trust agreement are required to form a trust. Types of trusts include living trusts, both revocable and irrevocable, and testamentary trusts. While establishing a trust the following factors are to be considered: personal details, family relationships, personal financial data, the purpose of the trust, types of trusts, the value of the property involved, the duration of the trust, and alternative ways of dispersing the property.

Special Needs Planning refers to estate and long-term care planning for individuals who have been disabled since birth or became disabled due to an injury or accident later in life. Special Needs Planning requires a working knowledge of a broad range of legal and financial issues. This includes an understanding of special (or "supplemental") needs trusts, eligibility standards for various governmental benefits, estate, gift, and income taxation and guardianship issues. Our office can provide such forms of assistance as structuring an estate plan to ensure that a disabled child is cared for after a parent's death, ensure that an inheritance will not disrupt a disabled individual's continued participation in Medicaid, and preserve a personal injury settlement for the particular needs of the disabled person. It is our objective to recognize and understand the complex financial and legal issues facing our clients with special needs.

In the right circumstances, the use of a special needs trust can be crucial in helping to ensure that individuals have the financial resources (now and in the future) to support their needs without losing their eligibility for public benefits such as Supplemental Security Income (SSI) and Medicaid. The SSI and Medicaid laws and regulations are highly complex and constantly changing. A properly drafted Special Needs Trust secures a client's continued eligibility for public benefits to cover basic needs of food, shelter and medical care, while making trust assets available to enhance a client's life options. It is important to note that "special needs" is a generic term used to describe any trust intended to provide financial support to a disabled individual without causing the beneficiary to lose those public benefits to which he or she is entitled. It also is important to bear in mind that the existence of a special needs trust does not, in itself, make public benefits available. On the contrary, the beneficiary must qualify for the benefits program either before or after the Special Needs Trust is established based upon whatever medical, financial or other criteria apply. While in some circumstances the level of benefits may be reduced, a Special Needs Trust should not cause a loss of benefits if properly drafted.

Parents of disabled children should plan for their disabled children. Parents have essentially only four options:

• Either disinherit the disabled child,
• Distribute assets to the child,
• Distribute assets to the sibling of the disabled child and rely on the sibling to take care of the child; or
• Distribute assets to a Special Needs Trust.

The use of a Special Needs Trust allows the child's inheritance to be placed in trust for them without affecting the child's eligibility to receive public benefits. The assets in the trust would be used to supplement the public assistance benefits.

The other three options have drawbacks. Leaving the disabled child's share to a sibling exposes that share to problems of the sibling, such as divorce, law suits, and bankruptcy. Distributing directly to the disabled child would render the child ineligible for SSI and other public assistance programs. Finally, completely disinheriting the disabled child is often contrary to the parents' wishes.

A Special Needs Trust solves the dilemma. The trust provides that no distribution of income or principal may be made that would reduce the amount of public benefits to which the child would otherwise be entitled. The trustee of the trust is allowed to use the money for educational programs, vacations, telephone charges, personal gifts and any thing to enhance the child's life except basic food, clothing, or shelter.

If any of your beneficiaries are receiving or likely to receive public benefits, you should consider a Special Needs Trust.

An Income Only Trust is an irrevocable trust into which you transfer title to your real estate. Whether or not you retain a Life Estate in the property will depend on your age, health and objectives and discussions with the lawyer.

Advantages:

• Property avoids Probate
• Provides children with a step-up in basis allowing them to sell the property tax free at your death (if a life estate was retained by you)
• Protects the property from Nursing Home costs provided five (5) years have passed since the transfer of the property to the trust
• Allows for flexibility to deal with the possible death of a child, a disabled child or substance abuse child and allows for generation skipping to grandchildren

Disadvantages:

• You could lose any tax abatement you are entitled to from the town due to age or disability
• You are not entitled to any principal from the trust, only income

An inter vivos trust may be revocable or irrevocable. "Inter Vivos" means made during life, and thus these documents commonly are referred to as "living" trusts. Irrevocable trusts may be used for asset protection from creditors, to hold life insurance and resulting proceeds and to remove assets from a taxable estate. As the name implies, an irrevocable trust cannot be revoked once created. Consequently, the creation of an irrevocable trust should be undertaken only after careful consultation with an attorney.

Revocable trusts are a common alternative to wills, as they similarly direct the distribution of assets upon death. Like an irrevocable trust, a revocable trust is established during the lifetime of the creator (also known as the "grantor", "trustor", or "settlor"). For basic estate planning revocable trusts, the creator generally is the lifetime beneficiary and typically serves as the primary trustee. The trust agreement often provides that the creator retains full control over the trust assets and has the right to revoke or amend the trust at any time. Many individuals appoint an adult family member or a trusted friend as the successor trustee. If a revocable trust is funded with all of the creator's assets during life, the Probate process will be avoided successfully at death. In addition, because a successor trustee may manage assets if the creator is under a disability, revocable trusts can prove to be a useful asset management tool, offering a near seamless transition from life, to disability, to death.

Asset protection is a system for ensuring that the maximum amount of your assets are transferred to the people you care about. We achieve this goal through helping you avoid probate and minimizing both federal and state inheritance taxes.

Pensions can be defined two ways: A regular stream of income that is received from an employer for your life time and possibly to your spouse when you pass or a pension can be a lump sum value that was held in a 401 k, 403b or SEP Plan. These amounts are generally rolled into IRA accounts when you retire.

From a medicaid perspective these IRA's are countable assets that will have to be liquidated to pay for Assisted Living or Nursing Home Care. Because of the tax status of these assets, a planning strategy must be implemented to protect them from Long-Term Care expenses.

A couple of strategies such as changing the beneficiary or drawing down the asset over time may be right for you.

Remember it is important to define which type of pension you own and what the correct form of planning should be.

It is also important to determine if these plans will be part of an overall estate tax that may be owed at your passing.

Whether your family member's long-term needs lie within a nursing home or an assisted living setting, we are able to help you navigate the pursuit of, and qualification for, the many government benefits available to you.

A single person cannot have more than $2000.00 in Massachusetts, and $2500.00 in New Hampshire, to qualify for medical assistance. Although most people believe they must spend their money down to that amount before they qualify for Medicaid or MassHealth (and most nursing homes will not tell you otherwise), there are planning techniques that can salvage some of the assets of a single person for their loved ones.

One technique involves gifting a portion of the assets and retaining enough assets to pay for the disqualification that arises as a result of the gift made. This technique is generally termed "half a loaf" although it is not always a gifting of exactly one-half the assets of a single person.

Another technique is to gift assets at least five (5) years in advance of entering a nursing home. This is always challenging because no one knows when they will need long term care and they put off such planning. But if you think you can get by 5 years, you can put your home in your children's name or in a trust for your children and retain a Life Estate. If you get by the 5 years, your house will not be a countable asset if you enter a nursing home.

If one spouse has to enter a nursing home, the healthy spouse is allowed to keep $109,560.00, the home and one car. The nursing home spouse gets to keep $2000.00 in Massachusetts, and $2500.00 in New Hampshire. The balance of the marital estate would have to be spent down on the ill spouse's nursing home costs. Some of the money could be spent down by prepaying funeral expenses of both spouses, purchasing a car or house (if they don't already own one) and/or purchasing a Medicaid Qualifying Annuity.

A Medicaid Qualifying Annuity is essentially the conversion of excess assets that should be spent down, to income for the healthy spouse. The healthy spouse's income is not countable when determining the nursing home spouse's eligibility for medical assistance. The annuity must be irrevocable, non-transferable and non-assignable for it to be qualified.

Seniors tend to be particularly concerned about the likelihood that they will require nursing home placement at some time in the future. Medical care or personal assistance provided by a caretaker or a facility for an extended period of time is known as "long-term care." One's ability to perform Activities of Daily Living (ADLs) is a common standard for judging whether long-term care is required. If an individual retains the ability to perform most or all ADLs (like bathing, cooking, walking, eating and dressing) without assistance, then long-term care probably is not required.

Care provided by family members on an informal basis probably accounts for the largest share of long-term care being provided in our country. More formal long-term care arrangements in the home and licensed institutions are paid for by a combination of federal and state assistance programs, social and charitable organizations, insurance and personal wealth. Insurance coverage of long-term care benefits is becoming more widely available and popular.

The process of finding the Assisted Living facility right for you may be stressful, however, our team will help you through the many barriers associated with this decision.

We will analyze your financial situation and along with Veterans Benefits, if you qualify, show you how to afford this new life style.

With a comprehensive legal and financial plan, you will be able to live your retirement years free of stress and anxiety in the comfort of these assisted living facilities.

Veterans Aid and Attendance is a pension benefit for veterans and surviving spouses who require the regular attendance of another person to assist in two of the following five activities of daily living; eating, bathing, dressing, continence and transferring. It includes an individual receiving home care services at home, living in an assisted living facility or a patient in a nursing home.

Veterans Aid and Attendance is a pension benefit for veterans and surviving spouses who require the regular attendance of another person to assist in two of the following five activities of daily living; eating, bathing, dressing, continence and transferring. It includes an individual receiving home care services at home, living in an assisted living facility or a patient in a nursing home.

• Monthly Gross Income from All Sources, including Interest, Dividends, IRA distributions, Capital Gains
• Monthly medical expenses including Health and/or Long Term Care Insurance Premiums
• Understanding of Applicant’s Assets including IRA’s

A Veteran with a spouse may qualify for as much as $1,949 per month.
A single Veteran may qualify for as much as $1,644 per month.
Well Veteran-ill Spouse may qualify for as much as $1,291 per month.
A surviving spouse may qualify for as much as $1,056 per month.

Any war veteran who has been honorably discharged with at least 90 days of active duty, 1 day beginning or ending during a period of war, who also meets the financial and medical criteria are eligible for this benefit.

Eligibility must be proven by filing the proper VA forms for Pension. This application will require a (preferably certified) copy of DD-214 or separation papers, medical evaluation from physician with diagnosis, prognosis, and assistance needs, proof of all assets and gross income, along with recurring out-of-pocket medical expenses.

Benefits can take 6 months to receive and are retroactive to the date of application.

Howie Law Office will also review or prepare your important legal documents such as wills, trusts, durable powers of attorney and health care proxy.

Period of War
Eligible "Periods of War" are defined as:

• World War II. December 7, 1941, through December 31, 1946, inclusive. If the veteran was in service on December 31, 1946, continuous service before July 26, 1947, is considered World War II service.
• Korean conflict. June 27, 1950, through January 31, 1955, inclusive.
• Vietnam era. The period beginning on February 28, 1961, and ending on May 7, 1975, inclusive, in the case of a veteran who served in the Republic of Vietnam during that period. The period beginning on August 5, 1964, and ending on May 7, 1975, inclusive, in all other cases. (Authority: 38 U.S.C. 101(29))
• Persian Gulf War. August 2, 1990, through date to be prescribed by Presidential proclamation or law. (Authority: 38 U.S.C. 101(33))

Medicaid planning is a response to the concern of older Americans regarding the high cost of long-term nursing home care. With the comprehensive coverage provided by Medicaid, elder law attorneys and their respective clients have come to view Medicaid planning as a required analysis to determine how best to provide for a at home care or pay for long term nursing home admission. Generally, the purpose behind Medicaid planning is to make the individual eligible for Medicaid benefits, while preserving as much of his or her resources for the benefit of the other family members if long term care insurance is unavailable.

Medicaid crisis planning occurs when an individual meets all of the following criteria:

• The individual is entering a nursing home or a resident of a nursing home
• Is not expected to return home or into the community
• Has exhausted all of his or her Medicare coverage
• Has been asked to self pay

Qualification of individuals for Medicaid is sometimes referred to as "medicaid eligibility" planning. It is a form of asset protection. Our philosophy of Medicaid planning results in the protection of family assets in a fashion that is legal and civically responsible.

There are three ways to pay for nursing home stays: private pay, long-term care insurance, Veteran's benefits or Medicaid. Only about 5% of Americans have long-term care insurance. Many individuals are medically uninsurable, and others cannot afford the premiums for insurance. At best, Medicare pays for up to 100 days of institutionalized care, and then only for rehabilitative stays following a qualifying hospitalization. Less than 1% of nursing home residents are receiving Veteran's benefits. The most common alternative to private pay and long-term care insurance is Medicaid. By carefully designing a long-term care plan, security can be ensured for the community spouse and a legacy may be preserved for children.

The rules for Medicaid eligibility are strict. The applicant must be a U.S. citizen or a resident alien of the state in which he or she applies, and must meet state income and asset limits. In New Hampshire, a Medicaid applicant is allowed to retain only $2,500 worth of countable assets. In Massachusetts the limit is $2,000. Qualifying for Medicaid involves not only financial criteria but also medical eligibility requirements. The Medicaid application itself is cumbersome and the answers to each question must be substantiated by legal or financial documentation. These supporting documents may include: social security card, Medicare card, health insurance cards, birth certificate, marriage certificate, life insurance policies, deeds, car registrations, household expense bills, funeral contracts, income statements, and financial statements typically dating back one to five years prior to the time the Medicaid application is filed.

Given the complexity of the Medicaid application and its importance to financing long-term care, it is crucial for an applicant to receive accurate legal advice. At our office, we help guide our clients through the Medicaid application process by informing them of all planning alternatives, advising on all necessary steps and procedures, aiding in the compilation of the application, and making sure that they are aware of various options that might otherwise go unrecognized.

At ELTC Group, we work with you to develop an estate plan goal by minimizing the federal and state transfer taxes that apply to the transfer of assets. Without this planning, a substantial portion of your property can be lost to taxes and administrative costs. We help to preserve this property for the individuals and organizations you most wish to benefit.

We begin with an examination of your personal desires in anticipation of death. Do you wish to provide for your spouse and children? Are your children mature enough to manage significant funds? Do you want to be certain that sufficient funds will be available for the education of your children?

We then advance alternative methods of achieving your personal goals while minimizing the impact of transfer taxes, probate, and administrative costs. This planning could include:

• Lifetime gifts to take advantage of the $12,000 annual gift tax exclusion and to transfer future income and appreciation out of your estate
• Wills to transfer your property at death to your intended beneficiaries or to a trust for their benefit
• Trusts
• Revocable lifetime trusts to minimize probate administrative costs and to preserve property from a second tax upon the death of a beneficiary
• Irrevocable trusts to preserve life-time gifts for the later benefit of spouses, children and grandchildren, or to gain a charitable deduction

By creating a Life Estate you retain the right to live in the property for the rest of your life and the remainder interest is given to someone else or to a trust. New Hampshire Medicaid and MassHealth view the creation of a Life Estate as making a gift which triggers a disqualification period from Medicaid eligibility.

• Protects your right to live in and use the property for the duration of your life
• The property will not have to pass through Probate at your death
• The children (or whomever the property is gifted to) receive a step-up in basis upon your death

• If the property is sold during your lifetime, you receive a portion of the proceeds proportionate to your life expectancy based on the life expectancy tables. If you are in a nursing home at that time, your share of the proceeds will disqualify you from medical assistance that you might otherwise qualify for. In addition, the portion of the proceeds received by the remaindermen will be subject to income tax
• If the property becomes vacant because you need to enter a nursing home, the home owner's insurance premium will increase if it remains vacant

A guardianship is a protective arrangement established by order of the Probate Court. Guardianship is needed when an individual has lost the mental capacity to make necessary decisions and had failed previously to designate an agent under an advance directive, or had appointed an agent in the past, but now disagrees with the agent's decisions. There are two types of guardianship. The first is guardianship over the person, which grants an individual – the "guardian" – authority to make personal and medical decisions for the person who is incapacitated – the "ward." The second is guardianship over the estate, which gives the guardian authority to make decisions concerning the ward's finances. It is possible for more than one person to serve as an individual's guardian, and for one person to serve as guardian over the person, and a different individual to serve as guardian over the estate. A petition must be filed with the Probate Court located in the county where the mentally incapacitated individual is domiciled.

Our office represents client's petitioning to obtain guardianship over an individual, as well as individuals over whom guardianship is being sought.

We provide complete assistance for our clients in the realm of guardianships for the very young, the very old and the disabled.