OUR SERVICES

✔ Asset Preservation

✔ Estate Planning

✔ Special Needs Planning

✔ Medicaid Planning

✔ Guardianship 

✔ Conservatorship

✔ Probate Administration

✔ Trust Administration

ESTATE PLANNING

Estate planning is the process of anticipating and arranging for the management and distribution of an individual’s assets, both during his or her life and after death. Our estate planning services include wills, revocable trusts, irrevocable trusts, durable powers of attorney, health care proxies, deed preparation, and homestead declarations.

There is no one-size-fits-all estate plan. Instead, the level of sophistication of an estate plan will depend upon each client’s assets, health, family dynamics, as well as the client’s short and long- term goals. Our attorneys take great pride in providing clients of all ages with personalized estate plans that address each unique situation.

ASSET PRESERVATION

Many of our clients seek to protect assets for the benefit of their loved ones, whether from estate taxes, creditors, or nursing home expenses.  Our attorneys work closely with clients and their families to attain these goals. Special attention is paid to factors such as the type of asset, the manner is which it is held, and its current and anticipated future value. This information guides the development of a customized preservation plan. Once a plan is established, we continue to work with our clients throughout the years, in order to review and modify their plan to reflect changes in health, finances, and goals.

MEDICAID PLANNING & APPLICATIONS

Medicaid, known as MassHealth in Massachusetts, is a public benefit  program which may cover an individual’s long term nursing home care. Massachusetts law defines the eligibility criteria for Long Term Care (LTC) MassHealth coverage. Eligibility criteria differs significantly for single and  married individuals.

Our attorneys have decades of experience in implementing strategies to protect assets from nursing home expenses, in accordance with state regulations. Some strategies are implemented long before an individual requires nursing home care. Others, however, may be implemented on the eve of nursing home care or even after such care has commenced. 

In addition to LTC MassHealth, our attorneys are highly knowledgeable about available community-based MassHealth programs. These programs may provide the care necessary for clients to remain at home. 

For some, the LTC MassHealth application process is fairly straightforward.  However, for many others, it is burdensome, overwhelming, and time-consuming.  Our attorneys are well-versed in the application process and have a record of success on behalf of our clients.

GUARDIANSHIP

Guardianship is a legal relationship whereby the Probate Court gives a  person (the guardian) the power to make decisions with respect to health care, living arrangements, and similar aspects of day-to-day life for another (the incapacitated person or ward). A guardian may be appointed when the Probate Court determines that an individual is unable to care for himself or herself by reason of mental illness, intellectual disability, or physical incapacity. As part of the petition process, the court will require a medical evaluation by a licensed physician, licensed psychologist, or certified psychiatric nurse clinical specialist. 

Our attorneys can assist with preparing and filing a petition for guardianship, as well as assist in preparing any necessary reports associated with a guardianship proceeding.

CONSERVATORSHIP

Like guardianship proceedings, a conservatorship proceeding is heard by the Probate Court.  The Probate Court will appoint a conservator if it determines that an individual (the protected person) is in need of assistance with the management of his or her assets.   As part of the petition process, the court will require a medical evaluation by a licensed physician, licensed psychologist, or certified psychiatric nurse clinical specialist. 

Our attorneys can assist with preparing and filing a petition for conservatorship, as well as assist in preparing any necessary reports and accountings associated with a conservatorship proceeding.

PROBATE ADMINISTRATION

Probate administration is the Probate Court process through which ownership of one's assets pass to his or her heirs or beneficiaries. It includes the appointment of a personal representative, collection of estate assets, the payment of last debts, and the distribution of the probate estate assets. Any assets held in an individual's name at the time of his or her passing which do not have named beneficiaries are subject to the probate process.

The probate process includes a chronology of steps necessary to administer an individual’s estate. Our attorneys can assist clients as they navigate the process, from start to finish, while identifying potential issues and solutions, and providing realistic expectations.

TRUST ADMINISTRATION

A trust is a separate legal entity, created by an individual (the “trustor”) for holding and investing property. One or more persons (the “trustee”) holds property, usually real estate or investments, for the benefit of another or several other people (the “beneficiary”). The rights and duties of the parties will vary, during a trust’s administration, depending on the instrument’s intended purpose.

Our attorneys have decades of experience in the area of trust administration and in the representation of trustors, trustees, and beneficiaries throughout the trust administration process.

SPECIAL NEEDS PLANNING

Special needs trusts, or supplemental needs trusts, are often the vehicle of choice for individuals seeking to provide financial support for children and other loved ones with disabilities. Properly drafted, these trusts provide for control, safeguarding of assets, protection of beneficiaries, and flexibility. Furthermore, and oftentimes most importantly, these instruments can assure a source of supplemental funds for a disabled individual, without jeopardizing eligibility for certain public benefits programs. 

Our attorneys are highly skilled in drafting both stand-alone special needs trusts, as well as comprehensive estate plans that include planning for a disabled individual.

“When your family lives in Cape Cod and you live in New Jersey you can feel reassured knowing everything is being taken care of. Jen is wonderful, kind and very competent. Thank you!”

– Glenda T.

(774) 602-5056

5 Main Street
Cotuit, MA 02635

ABOUT US

WE ARE HERE TO HELP

Cape Cod Elder Law Associates, P.C. provides estate planning and related legal services to clients of all ages, with a focus on the needs of older and disabled individuals and their families. Based in Cotuit, Massachusetts, Cape Cod Elder Law Associates, P.C. provides the following services:

The focus of the firm on the estate planning and public benefits needs of individuals and families enables the firm to be particularly sensitive to the multiple stresses that these individuals and families confront on a daily basis, which are compounded by the complexities of the American legal and health care systems. Cape Cod Elder Law Associates, P.C. helps its clients navigate this system by providing answers where they are hard to find and identifying solutions to the clients’ particular needs and goals.

✔ Asset Preservation

✔ Estate Planning

✔ Special Needs Planning

✔ Medicaid Planning

✔ Guardianship 

✔ Conservatorship

✔ Probate Administration

✔ Trust Administration

MEET THE TEAM

Attorneys Jennifer S. Barth, Mary M. Gaffney, Lisa Mycock Kelly, and Sara Mycock Cederholm are the founding partners of Cape Cod Elder Law Associates, P.C.  Life-long residents of Cape Cod, these four attorneys have almost seventy-five years of experience providing the greater Cape & Islands community with caring, compassionate, and individualized legal services for clients of all ages. Cape Cod Elder Law Associates, P.C. is committed to providing its clients with comprehensive and strategic advice to assist in protecting assets, maintaining independence, and confronting the challenges of aging.

Jennifer S. Barth, Esq.

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Mary M. Gaffney, Esq.

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Lisa Mycock Kelly, Esq.

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Sara Mycock Cederholm, Esq.

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Cape Cod Elder Law Associates, P.C. is a member of the National Academy of Elder Law Attorneys.

“When your family lives in Cape Cod and you live in New Jersey you can feel reassured knowing everything is being taken care of. Jen is wonderful, kind and very competent. Thank you!”

– Glenda T.

(774) 602-5056

5 Main Street
Cotuit, MA 02635