Elder Law

Elder Law is, to a large extent, an extension of estate planning that is much more focused on what happens toward the end of your life than what happens after your death. This specialty is focused on the legal issues of senior citizens, including health care and personal care planning, legal planning and governmental benefits.  Attorney Barreira has many years of experience in the following Elder Law areas:

Health and Personal Care Planning

Attorney Barreira can give advice to older persons, individuals, and families regarding issues such as life care, medical and life-sustaining choices, and he can prepare documents such as advance medical directives (medical powers of attorney, living wills, and health care declarations).

Legal Planning

He can advise you regarding real estate, gifting, and the financial and income, estate and gift tax implications of any proposed action.  He can also advise you and prepare documents such as wills, trusts, durable general or financial powers of attorney.

Fiduciary Representation

Attorney Barreira can serve as, seek the appointment of or advise someone serving as an executor or personal representative, attorney-in-fact, trustee, guardian, conservator, representative payee, or other formal or informal fiduciary.

Legal Capacity Counseling

He can explain how legal capacity is determined and the level of capacity required for various legal activities.  He can also represent those who are or may be the subject of guardianship/conservatorship proceedings or other protective arrangements.

Public Benefits Advice

He can help you plan for and assist you in obtaining benefits from Medicaid, Medicare, or Social Security, Supplemental Security Income, Veterans benefits and benefits from housing and food programs.

Special Needs Counseling

Attorney Barreira can help with the planning, drafting and administration of special/supplemental needs trusts, as well as housing, employment, education and related issues.

Insurance Matters

He can explain the types of insurance available, such as health, life, long term care, home care, COBRA, medigap, long term disability, dread disease, prescription coverage, and burial/funeral policies.

For more on long term insurance, read Attorney Barreira’s blog: Using Long Term Care Insurance to Cover the Medicaid Disqualification Period

Resident Rights Advocacy

He can advise patients and residents of hospitals, nursing facilities, continuing care retirement communities, assisted living facilities, adult care facilities, and those cared for in their homes regarding their rights.  He can also identify and explain appropriate remedies in matters such as admission, transfer and discharge policies, quality of care, and related issues.

Housing Counseling

Attorney Barreira can review your housing options and their financing options such as: renovation loan programs, life care contracts, home equity conversion, reverse and other mortgage options.

Employment and Retirement Advice

He can advise on topics such as pensions and retiree health benefits.

Litigation and Administrative Advocacy

Attorney Barreira can help you with litigation or administrative advocacy in connection with any of the above matters, including will contests, contested capacity issues, elder abuse (including financial or consumer fraud), fiduciary administration, public benefits, and nursing home problems.

For help with any of the above Elder Law issues, please use the Contact Form below or call the Law Offices of Brian E. Barreira at 508-747-8282 to schedule a personal appointment and, if travel is a problem for you, he can conduct a Zoom meeting with you.