In 2003, Mary attempted to engage in elder law planning and executed a deed reserving a life estate for herself and giving her daughter, Carla, a remainder interest in the property. However, the wrong address was listed on the deed. In 1989, Mary, at age 65, began receiving Medicaid benefits through MassHealth. She continued receiving these benefits until her death in 2018. At Mary’s death, Carla noticed the mistaken deed and moved a Massachusetts court to reform the deed on the grounds of mutual mistake. Would the court oblige Carla? The court first theorized that it must decide if reforming the deed would impact the state’s estate recovery efforts.

Florida has taken a major stand against abuse and fraud perpetrated on senior and disabled citizens. A week ago, the Protection of Elderly Persons and Disabled Adults Bill was passed; it is headed to the governor for signature. The new law’s effective date would be July 1, 2021. The bill has a myriad of protections for seniors and disabled individuals. Key provisions include:

With some 10,000 Americans turning 65 every day, elder law practice represents a huge opportunity for attorneys to expand their firms. Despite the growth of this aging demographic, those age 65 and up may still find it difficult to find an attorney to help them when it comes to legal strategies for estate planning, wills, and other needs.