Elder Law

The term Elder Law covers a range of legal issues that affect the elder person, as well as his or her family. Many of our clients are looking for knowledgeable lawyers to help them understand Medicaid spend-down requirements and do Medicaid planning, Our lawyers also assist clients in the areas of decision-making and long-term care planning.


One of the most important issues facing many elders is finding a family member or trusted person to handle financial or medical decision-making when they are no longer capable of doing so themselves. Our elder law attorneys provide legal guidance, support, and proper paperwork to help a person step into this vital care-taking role.

With a Durable Power of Attorney, an elder can name a legal agent to assist him or her with the day-to-day management of financial affairs. The Durable Power of Attorney is effective as long as the elder is alive, and it is an inexpensive alternative to guardianship.

Health Care Proxies are a form of advance directive that enables an elder to name a legal representative to make medical decisions. With an Advance Health Care Directive, the elder person may formally state his/her feelings concerning end of life medical treatment.

In the event the elder person is too ill or no longer competent to name someone to help manage financial and medical affairs, an elder law attorney at Blake Law can get a Guardian or Conservator appointed by the court. Our attorneys support people who have accepted fiduciary duty for a family member by setting up systems and structures to help them fulfill their duties appropriately.

Recent research has found that approximately 70 percent of people in their 80s have some degree of diminished mental functioning. The Newton, Massachusetts, elder law lawyers at Blake Law can work with both elders and family members to help determine whether the elder has sufficient mental capacity to make legal decisions. This issue often arises in conjunction with financial management and estate planning.

Medical Care & Long Term Care Planning

At some point most elder persons need a little—or a lot—of help. Our elder law lawyers help families access financial resources necessary for long-term nursing home care, such as Medicaid (called Mass Health).

Our estate planning attorneys help families engage in the process of Medicaid planning in order to prepare for eventual transfer to nursing home care. We review family income and assets and offer legal counsel on appropriate methods to spend down assets in order to qualify for Medicaid. In some situations, transferring title to property and moving funds into a trust will be the best option to retain assets that can be used to pay for additional medical care for the senior. We will also assist with the application for Medicaid.

There is a right and a wrong way to transfer assets in order to meet Medicaid asset spend down requirements. Contact our office to speak to a long-term care planning attorney who handles these issues every day and get sound legal advice before you proceed.

Contact a Certified Massachusetts Elder Law Attorney at Blake Law today.

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