BLOG - Law Office of Frank V. Grimaldi, PC

WHAT IS SEPARATE SUPPORT? LEGAL SEPARATION? DIVORCE? KNOW YOUR RIGHTS

August 10, 2018

Separate Support is a body of laws that can result in a legally enforceable court order requiring one spouse to support another. It is not some kind of mini-divorce: you are still married. Some states might call it “legal separation,” but there is no such marital status in Massachusetts. These laws come from the common…

Scams & Financial Abuse

July 25, 2017

Frank Grimaldi

Asset Protection

abuse, Elder Abuse, fraud, military, Nigeria, romance, sick child, social security, Ukraine

Elders are often victims because they may be cognitively impaired. They’re often alone or have no one with whom they can confer; no one to watch over them. They often have a lifetime worth of assets, making them all the more attractive to criminals. Diminished capacity and assets feed opportunistic cyber criminals. The two main…

Retirement Planning & Home Equity

January 31, 2017

Frank Grimaldi

Estate Planning, Medicaid Planning

Ageing at Home, Ageing in Place, Estate Planning, Home Equity, Home Equity Conversion Mortgage, Home Equity Conversion Mortgage Line of Credit, Retirement Goals, Retirement Planning, Reverse Morgage, Seniors Staying at Home

Accessing Home Equity For the majority of older Americans thinking about retirement planning, their single greatest asset is their home. Today’s seniors are facing a confluence of factors which make maintaining their standard of living, and providing for their care increasingly difficult. The average 75 year old American has less than $30k in liquid savings,…

Harassment Prevention Orders and Your Attorney-in-Fact

July 19, 2016

Frank Grimaldi

Estate Planning, Legal Documents, Power of Attorney

209A, Attorney in Fact, Elder Abuse, Harassment Prevention, Harassment Prevention Order, M.G.L. c. 258E, O’Brien v. Borowski, Opioid Addiction, Petriello v. Indresano, Power of Attorney

Following the 2015 Massachusetts Appeals Court decision in Petriello v. Indresano it is established law that your attorney-in-fact may seek a harassment prevention order under M.G.L. c. 258E. This result can prove to be a double edged sword in the context of elder abuse. This ruling in one sense champion’s elders rights as a legitimate…

Obtaining Guardianship to Authorize Transfer to Nursing Home

March 30, 2016

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Guardianship, Health Care Proxy, Legal Documents

Question: My Mother was admitted to a Dementia Unit at our local hospital. She does not have a Health Care Proxy or a Durable Power of Attorney. The hospital tells me that the long term care facilities will not accept my Mother without these documents. What should we do? Do we need a lawyer? Answer…

Durable Power of Attorney – Frequently Asked Questions

February 17, 2016

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Estate Planning

Durable Power of Attorney

1. What is a Durable Power of Attorney? It is a piece of paper that gives a person of your choosing permission to discuss and make financial and some legal decisions on your behalf. This document is used when you, because of illness or accident are deemed incompetent and are unable to communicate these decisions…

Health Care Proxy – Frequently Asked Questions

February 17, 2016

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Health Care Proxy

1. What is a Health Care Proxy? It is a piece of paper that gives a person of your choosing permission to discuss and make health care decisions on your behalf. 2. So, is that different than a Power of Attorney? Yes, a Power of Attorney is a piece of paper that gives a person…

Durable Power of Attorney – Sale of Parent’s Home

February 10, 2016

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Caregiver, Legal Documents

Question: My mother was recently diagnosed with Alzheimer’s Dementia and has moved out of her house and into mine. I have Power of Attorney from my Mother. What should I do with my mother’s house? When we receive a question like this, the first thing we ask is whether Mother has retained her mental capacity.…

License to Sell and Power of Attorney

February 10, 2016

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Caregiver, Guardianship, Legal Documents

Question- I have Power of Attorney from my Mother and I am trying to sell her house. I have just been told I need a “License to Sell.” What does that mean and what should I do? A License to sell Real Estate is often required by the Buyer’s Lender to make sure that the…

SSI and Pooled Trusts

September 3, 2015

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Disability Planning, Medicaid Planning, Social Security

pooled trusts, SSI

Those who collect SSI (Social Security Insurance) must meet a resource eligibility test and show less than $2,000 in resources. The purpose of SSI is to provide three things: Food, Shelter and Clothing. Under Section 1917(d)(4)(C) of the Social Security Act, a disabled person may shelter additional funds for education, vocational training, medical and dental…