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How can I get medical updates on my mom in hospital when my sister has power of attorney and will not give me the pin code

ADDITIONAL INFORMATION: Sister and I are fighting.  Mom lives in Florida.  Mom admitted to hospital and is incapacitated. Sister has power of attorney and will not give me the pin code required by hospital to get information about Moms condition. What can I do? ANSWER BY MARGARET CROSS-BELIVEAU: A DPA covers only financial decisions. A Designation of Health Care Surrogate covers medical decisions. Did your mother execute a health care proxy to appoint your sister as

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Attorney David Beliveau Named as a 2020 Super Lawyer

We are pleased to announce that David Beliveau has been selected to the 2020 Massachusetts Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in the Commonwealth. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring

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Why You Need to Read the Fine Print

According to a recent Deloitte survey, 91 percent of people agree to terms and conditions without reading the legal agreement. While reading through the legally complex language may be slow and painful, it’s more important than you think. Here are four reasons why reading entire legal agreements make sense: You miss a major technicality. Many agreements have an exit penalty that requires you to pay for a period of time after you terminate an agreement. Others

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It’s Your Money. Get it Back NOW!

According to Credit Karma, over $40 BILLION of unclaimed property is currently being held by state governments. That’s a staggering amount of money – enough to buy half of the National Football League franchises. Not included in that figure is property sitting with federal agencies and other organizations. So what exactly is unclaimed property and how do you find out if you have any? Here is what you need to know: What is considered unclaimed property?

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Law revoking beneficiary status didn’t apply retroactively

A new decision from a federal appeals court should give every divorced person incentive to look over his or her insurance policies and other financial documents to make sure beneficiaries have been changed. This holds true even in states with laws that automatically revoke a now-ex-spouse’s beneficiary status upon divorce. The federal appeals court case concerned Minnesota couple Mark Sveen and Kay Melin, who got married in 1997. Mark had two children from a prior marriage

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Center for Medicare Advocacy Has a New Observation Status Toolkit

Medicare-eligible patients may find themselves in the hospital, receiving medical services, tests, and treatment, sometimes for many days, but find out too late that they are considered outpatients, in Observation Status, not admitted inpatients. Observation status continues to harm Medicare beneficiaries and their families. With generous support from the John A. Hartford Foundation, the Center for Medicare Advocacy has put together an Observation Status Toolkit that can be used by patients and their advocates. This information

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Cost-of-Living Adjustment (COLA) Information for 2018

Monthly Social Security and Supplemental Security Income (SSI) benefits for more than 66 million Americans will increase 2.0 percent in 2018. The 2.0 percent cost-of-living adjustment (COLA) will begin with benefits payable to more than 61 million Social Security beneficiaries in January 2018. Increased payments to more than 8 million SSI beneficiaries will begin on December 29, 2017. To read more about COLA, click here.

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Medicaid Irrevocable Trusts – Do They Protect Assets?

The New Hampshire Bar Association recently published an article written by Attorney David M. Beliveau discussing the use of Medicaid irrevocable trusts as a legal tool to protect assets (typically, a residence) in the case one has to be admitted to a nursing home and apply to receive Medicaid to cover the respective cost. The question is, do such trusts work? Read the entire article below. Elder, Estate Planning & Probate Law: Medicaid Irrevocable Trusts: A

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Remarrying? Always consider a prenup

People who are remarrying after a death or divorce should almost always strongly consider having a prenuptial agreement. When prenup agreements first became popular a generation ago, most people thought of them as a way for wealthy people to protect themselves in case they were marrying a gold digger. Today, however, prenups don’t have the same connotation. They’re often used as a straightforward financial and estate planning tool, especially by mature couples who are entering into

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Direct Knowledge of Severity of Senior’s Injuries Not Required to Support Conviction for Elder Abuse (Mass. App.)

91-year-old Olivia Cruz died of sepsis caused by wounds developed sitting stationary in her feces and urine while under the care of her son, Filip. When paramedics were called to her home after she suffered a stroke, they were overwhelmed with the odor of urine and rotting flesh. A jury ultimately convicted Filip of wantonly or recklessly permitting serious bodily injury to an elder under his care and with wantonly or recklessly committing abuse, neglect, or

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