Seniors should focus on estate planning to ensure their assets are distributed as desired, someone can make decisions on their behalf if incapacitated, and their wishes are honored, including wills, trusts, and powers of attorney, while also considering long-term care planning and tax implications. 

Estate planning is important because it provides peace of mind for seniors, ensuring that wishes are honored and minimizing conflicts among family members. It also facilitates financial stability by ensuring that loved ones have access to resources and assets that have been protected from probate, creditors and potential disputes. 

Solo Agers - What if You Don’t Have a Healthcare Agent or Power of Attorney? Lean more 

Elder Law Attorneys

A good elder law attorney will help your parent clarify his or her financial and health care wishes in 

detail and then ensure that those wishes are protected, as much as possible, by legal contracts and 

documents. Elder law attorneys help clients plan for long-term care needs, sort out their advance 

directives and wills, and make sure the financial power of attorney is in place. They can be a big 

help understanding the

eligibility rules for Medicaid in your parent’s state. Plus, more and more lawyers are teaming up 

with GCMs to offer one-stop shops. To find an attorney, check out the National Academy of Elder 

Law Attorneys’ website which has an elder lawyer locator. - LINK 

Elder Law Attorney Andrea Witt, partner at Spano, Dawicki & Witt, LLC offers free consults with 

Jenks members. Call the Jenks to schedule a free session and ask questions about strategizing or 

drafting estate plans, asset protection, tax minimization, probate avoidance, trust administration, 

among other topics.   

• Massachusetts Bar Association - LINK   

Key Documents

Wills: A will is a legal document that outlines how your assets should be distributed after your death. 

Trusts: Trusts allow you to transfer assets to a trustee to manage them, offering flexibility and control, and potentially avoiding probate. 

Powers of Attorney: These documents grant someone the authority to make financial or healthcare decisions on your behalf if you become unable to do so yourself. 

Advance Directives: These documents, like a living will, outline your wishes regarding end-of-life medical care. MOLST is the Medical Order for Life Sustaining Treatments. It cover more than just a DNR ( a legal document instructing healthcare providers  their wishes regarding end-of-life care, specifically in situations of cardiac or respiratory arrest.) 

Beneficiaries: Clearly identify who will inherit your assets, ensuring they receive them as intended. 

Long-Term Care Planning: Consider the costs and needs of potential long-term care, including financial planning and insurance. 

Tax Planning: Consult with a tax professional to minimize potential estate taxes. 

Estate Executor: Choose a trusted individual to manage your estate after your death. 

The five important documents to have for advance care planning are: 

• F = Financial agent - www.eforms.com 
• M = Medical agent - www.masshealthdecisions.org) 
• H = HIPAA release form - www.caring.com 
• W = (Living) Will (www.fivewishes.org OR www.ourcarewishes.com) 
• M = MOLST (www.molst-ma.org) 
• POA FORMS- Printable Forms 

Estate Planning with Children with Special Needs

Estate planning when families have children with special needs can be especially challenging.  Seek out references in your community for specialists who can advise on wills and plans to make accommodations for their future needs.

• Local Referral - Fred Misilo, Fletcher Chilton Law Firm in Worcester, Massachusetts. 508-459-8000.

Advanced Advance Care Planning 

Planning ahead for end-of-life care,  advance care planning, helps to ensure that aging adults get medical care that is a good fit for their preferences and health situation. In other words, good planning can help you figure out which care is unlikely to be helpful; understanding this is a powerful factor in what people want and don’t want.

Completing a legal form such as an advance directive or a MOLST form is an important part of advance care planning, but there’s much much more to good planning ahead. It’s especially important for family caregivers to be involved in planning, if possible, because most older adults will need family — or someone else — to help with medical decision-making during a hospitalization, or an emergency.

•  Advance Care Planning - Here’s a helpful slideshow that delves deeper into the details of this process. See moreDNRs, and Health Care Proxies & MOLSTs 

Divesting of Homes: 

When seniors want to get rid of their homes, they can consider options like selling their house outright, downsizing to a smaller home, moving into an assisted living facility, joining a retirement community, selling to a family member, or exploring "aging in place" solutions with home modifications to support their needs depending on their health, financial situation, and desired lifestyle. 

• Selling and Finding Realtors 
• Gifting Homes to Children or Relatives 
• How to protect your Retirement When Selling A Home 

Family Trusts & Power of Attorney 

Massachusetts power of attorney forms legally permit a person (“principal”) to select another person (“agent”) to make decisions on their behalf. Under State law, an individual may grant medical, financial, parental, tax, vehicle, or any other responsibility to a selected person. If the form is durable, the designation will remain in effect even if the principal can no longer mentally think for themselves (e.g. Dementia, Alzheimer’s, etc.). Once a power of attorney document is written and signed in accordance with State law it is immediately available for use. 

By Type (9) 

• Durable (Financial) Power of Attorney 
• General (Financial) Power of Attorney 
• Limited Power of Attorney 
• Medical Power of Attorney 
• Minor (Child) Power of Attorney 
• Real Estate Power of Attorney 
• Revocation of Power of Attorney 
• Tax Power of Attorney (Form M-2848) 
• Vehicle Power of Attorney