The Elder Law and Special Needs Practice Group of Fletcher, Tilton & Whipple provides comprehensive legal services to older persons and families of individuals with special needs in a caring and concerned environment. Using an interdisciplinary approach, our attorneys draw upon their experience in the areas of estate and retirement planning, Medicaid and Medicare eligibility, long term care issues and financing to provide our clients with protection and peace of mind. Among the many services we offer are the following:

• Special Needs Planning
  The Special Needs Planning Group provides legal counsel and support in creating a comprehensive plan for families with individuals who have special needs. These services include wills, trusts, health care proxies, powers of attorney, guardianships and other services.
• Special Needs Trust Management We serve as trustee and as co-trustee of Special Needs Trusts for individuals with disabilities. Working closely with family members or other interested parties, our trust professionals actively manage trusts according to specific standards established for fiduciaries, while keeping in mind the extraordinary provisions that allow beneficiaries to receive supplemental payments from the trust without jeopardizing public or private benefits. Services include advocacy on behalf of beneficiaries, investing and reinvesting trust assets pursuant to individually focused investment strategies, collection of income, payment of beneficiary expenses, and the preparation of annual accountings and fiduciary income tax returns.
• Estate Planning
  We develop and prepare comprehensive estate plans which are consistent with our clients' long-term planning objectives. Our estate plans range from simple wills to the use of sophisticated trusts such as Grantor Retained Annuity Trusts, Grantor Retained Income Trusts, Charitable Lead and Charitable Remainder Trusts, and Qualified Personal Residence Trusts, to name just a few.
• Retirement & Tax Planning
  Our attorneys counsel clients on how to preserve, protect and grow their assets so as to maximize the funds available to support their retirement plans, such as filing of a Declaration of Homestead. We also provide practical financial advice and assist clients in assessing the benefits of various types of insurance, including health, disability, and long-term care.
• Incapacity Planning
  Our attorneys provide practical advice on the need to plan for incapacity. We discuss the costs associated with the appointment of guardians and conservators, as well as how to avoid such appointments by executing a Durable Power of Attorney. Consideration is also given to the quality of life issues addressed by a health care proxy.
• Living Arrangements
  We help our clients in maintaining their homes, as well as securing nursing and personal care when needed. When necessary or desired, we assist in placing family members into an assisted-living setting or a continuing-care retirement community.
• Medicaid and Medicare
  The Group provides practical advice and advocacy on Medicaid and Medicare eligibility and benefits, including representation at hearings and appeals.
• Special Education Law
  We work as advocates for students with special needs and their families to ensure that each child receives a free, appropriate public education as required under state and federal law. Our representation extends to all stages of advocacy in the special education process including assessment, IEP development, implementation and placement. We assist our clients in mediation and in hearings before the Bureau of Special Education Appeals.
• Probate Proceedings
  Our attorneys handle many proceedings in the Massachusetts Probate and Family Courts relating to guardianship, conservatorship and medical decision-making matters.

Download new forms from the MA Probate Court
Clinical Team Report
Medical Certificate for Guardianship or Conservatorship
Guardianship of Person Care Plan/Report- Incapacitated Person

Join our mailing list! Sign up for the email version here or email Sara at smurphy@ftwlaw.com. Both a mailed version and an email version are available.