Deciding whether an aging parent or relative is still safe living independently can be difficult. Assessing the situation starts with an in-person look at their health, home, and daily habits. Changes may also raise legal and financial questions about care, decision-making authority, and long-term care planning.
At Surprenant, Beneski & Nunes, P.C., we represent families throughout Southeastern Massachusetts, Cape Cod and the Islands facing these decisions. We can help you address legal concerns, put appropriate documents in place and plan for future care.
Elder Law Support for Every Stage of Aging
Some families contact us after noticing the first signs that a loved one needs support. Others come to us when nursing home care is imminent. Our elder law and estate planning team can help at either stage.
Clients choose our firm because we offer:
- Certified Elder Law Attorneys. Managing partners Daniel Surprenant and Michelle Beneski are Certified Elder Law Attorneys through the National Elder Law Foundation.
- 60 years serving Massachusetts families. We have decades of experience helping clients plan for aging and incapacity.
- Broad elder law services. We handle estate planning, MassHealth, guardianships, conservatorships and probate matters.
- Convenient access. We have offices in New Bedford, Easton, Hyannis and Plymouth, plus virtual consultations.
- Ongoing guidance. We can revisit your family’s plan as health, finances and care needs change.
What Should You Look for When You Visit an Aging Relative?
Phone calls may not reveal changes that become apparent in person. Pay particular attention to three areas.
Physical condition. Notice significant weight changes, difficulty walking, unexplained bruises, poor grooming, frequent falls or problems managing medications.
The home environment. Look for expired food, unopened mail, unpaid bills or unfilled prescriptions. Clutter, neglected chores and other safety hazards may indicate that living independently has become difficult.
Memory and mood. Repeated questions, confusion, unusual withdrawal, or significant behavioral changes deserve attention. Unfamiliar financial transactions or evidence of scams may also signal a problem.
One incident does not necessarily indicate a larger issue. Repeated changes across daily life may warrant a closer evaluation.
How Do You Know When It Is Time to Act Legally?
Consider what would happen if your relative were suddenly hospitalized or unable to communicate. Who could speak with medical providers, pay bills, or manage financial matters?
If no one has appropriate legal authority, it may be time to address those gaps. Planning while your loved one can still understand and execute legal documents generally provides more options than waiting until capacity declines.
What Legal Documents Should an Older Adult Have?
Incapacity planning commonly includes a durable power of attorney and health care proxy. A power of attorney can authorize someone to manage financial matters, while a health care proxy designates someone to make health care decisions when necessary. HIPAA authorizations can provide access to medical information.
Trusts and other estate planning documents may also be appropriate. If your relative has already lost the capacity to execute necessary documents, guardianship or conservatorship may need to be considered.
How Does Long-Term Care Planning Work in Massachusetts?
If assisted living or nursing home care may eventually be necessary, financial planning should become part of the discussion.
Advance planning may provide additional options for protecting assets and preparing for care costs. MassHealth has a five-year lookback period for certain asset transfers, making timing important. Depending on your circumstances, planning may involve trusts, long-term care insurance, or strategies designed to protect a spouse who remains at home.
Can You Still Plan If a Health Crisis Has Already Happened?
Yes. A sudden health event does not necessarily mean all planning opportunities have disappeared.
When nursing home care is imminent or has begun, different strategies may be available. We can evaluate your relative’s finances, identify available MassHealth planning options, and assist with the application process. Speak with an elder law attorney before transferring or giving away significant assets because these decisions can affect eligibility.
Get Help Planning the Next Steps for Your Senior Relative
Recognizing that an aging relative needs help often leads to decisions about care, finances, and legal authority. Addressing these issues early can preserve more options.
Surprenant, Beneski & Nunes, P.C. helps families throughout Southeastern Massachusetts, Cape Cod and the Islands plan for aging and long-term care. Contact us to schedule a consultation with our elder law and estate planning team.
Frequently Asked Questions
What if my senior relative refuses help?
An adult who has legal capacity generally has the right to make personal and financial decisions, even when family members disagree. If your relative no longer has sufficient capacity and appropriate documents are not in place, guardianship or conservatorship may need to be considered.
Can two siblings share decision-making authority?
A power of attorney may name co-agents, although this arrangement is not right for every family. It can provide additional oversight but may also cause delays or disagreements.
Can an older adult change an estate plan after showing signs of memory loss?
Memory problems do not automatically mean someone lacks legal capacity. Capacity depends on the particular decision or document and the person’s ability to understand its nature and consequences.