Massachusetts Elder Law Questionnaire

State:
Multi-State
Control #:
US-Q1013
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in an elder law matter, such as wills, asset protection, disability planning, and more. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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60 years and older or under 60 with a diagnosis of Alzheimer's disease and in need of respite services. Consumers must be living at home in Massachusetts and not in an institutional setting or Assisted Living Residence. MassHealth members are financially eligible.

Physical abuse may also include restraining an older adult against their will, such as by locking them in a room or tying them to furniture. Emotional abuse, sometimes called psychological abuse, can include a caregiver saying hurtful words, yelling, threatening, or repeatedly ignoring the older adult.

Elder abuse Massachusetts General Law, Chapter 19A, Section 15 requires that nurses who have reasonable cause to believe that an elderly person is suffering from or has died as a result of abuse must immediately make an oral report and submit a written report within 48 hours.

What are the 7 types of elder abuse? The 7 most common types of elderly abuse include physical abuse, neglect, emotional abuse, financial abuse, sexual abuse, self-neglect, and abandonment. Any of these elder abuse types can be devastating to older people and their families.

Crimes against the elderly Requires any adult child, who has ?sufficient means,? to provide support and maintenance for a parent, if the parent, ?through misfortune and without fault of his own, is destitute,? is unable to support and maintain his or herself, and is living in the state of Massachusetts.

The Commonwealth of Massachusetts considers anyone to be a senior who is 60 years of age or older. Some states have varied ages (55, 62, or 65 for example) but 60 is the age for Massachusetts.

Elder abuse includes: physical, sexual, and emotional abuse, caretaker neglect, financial exploitation and self-neglect. Elder Protective Services can only investigate cases of abuse where the person is age 60 and over and lives in the community.

(a1/2) Whoever commits an assault and battery upon an elder or person with a disability shall be punished by imprisonment in the state prison for not more than 3 years or by imprisonment in a house of correction for not more than 21/2 years, or by a fine of not more than $1,000, or both such fine and imprisonment.

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Massachusetts Elder Law Questionnaire