The French battle over pension reform which is brought on by an increase in the dependency ratio, could be a harbinger of the coming fight in the United States over Social Security.
One of the principal planning techniques to protect a home from the potential costs of long-term care is to put it into a life estate. Like anything else in the law, life estates have their benefits and consequences.
The Massachusetts Supreme Judicial Court in Barbetti v. Stempniewicz rules that an agent under a durable power of attorney may not create a trust on behalf of a grantor if that power is not granted in the DPA document, but does not rule on whether such a trust may be created if the power is granted.
The case of Stevenson v. Stevenson shows that a family caregiver may be compensated from estate if she can show services provided, their fair market value, and rebut presumption that she provided the services gratuitously.
In Dermody v. Health and Human Services, the Massachusetts Supreme Judicial Court decides MassHealth is entitled to payment from community spouse annuities for benefits paid on behalf of nursing home spouses.
Two end of year developments in the area of disability planning – expansion of eligibility for ABLE accounts and new regulation to pooled disability trusts.
The case of Gallagher v. South Shore Hospital establishes the primacy of the health care agent in making medical decisions and the necessity of officials to follow the procedures set out in the elder protective services statute.