By Brandon C. Walecka You likely have your own ideas on what should happen if you became incapacitated. However, your loved ones could have other ideas. Most people think about finances, wills, guardians for dependents, and who inherits, when the issue of their inevitable death arises. But in the event that you do not die …
What if the Bank will not Accept the Power of Attorney?
Written by Brandon C. Walecka, Esq. Sometimes I get a call from a client after they go to a bank or other financial institution only to learn that the bank will not accept their family member’s power of attorney document. I will discuss strategies to discuss with your financial institutions to avoid this issue. …
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Considering a Personal Care Contract
Written by Brandon C. Walecka, Esq. This article will explore common issues and questions related to Personal Care Contracts, which is one strategy available to assist an elderly loved one with their daily care as well as a planning technique to qualify an elderly individual for Medicaid/MassHealth. A Care Contract. In the Care Contract strategy, …
COVID-19: Massachusetts Announces Homebound Vaccination Program
Walecka Law, P.C., along with many others, has been advocating and encouraging for the Commonwealth to make reasonable accommodations for seniors and people with disabilities when necessary to ensure equal access to the COVID-19 vaccine. We’re thrilled to report that the Commonwealth and local Boards of Health have developed a statewide program to offer in-home …
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Revoking a Power of Attorney
Written by Brandon C. Walecka, Esq. Sometimes I get a call from a client who says, “I want to change my Power of Attorney.” First, what is a Durable Power of Attorney (DPOA)? This is a legal document in which you designate who you want to make legal and financial decisions for you if you …
When Should I Review my Estate Planning Documents?
Written by Brandon C. Walecka, Esq. Clients often ask about ideal times to review their documents. Although there is no hard-and-fast rule about when you should review your estate plan, I generally recommend that you should consider reviewing your documents upon the occurrence of a major life event, which may include marriage, divorce, or death …
Is an In-Law Suite Right for you?
As you age, your ability to support and maintain your own home may become increasingly difficult. Health and mobility concerns may make living at home no longer feasible. In some circumstances, an adult child may suggest that you build an in-law suite in their home. The child may think that such a move will allow …
What is a “no contest” clause?
Written by Brandon C. Walecka, Esq. A “no-contest” (also called in terrorem clause) provision is a clause that you can put in your Last Will & Testament to discourage a disappointed heir from challenging your estate plan. If an heir files a lawsuit against your estate, then such a clause effectively cancels that heir from …