Elder Law

Mr. Glick is in the forefront of guardianship and conservatorship law in Massachusetts. He has been involved in hundreds of such cases over the years, and has tried a number of these cases in the Probate Courts. For over twenty-five years he has represented an elder services agency that administers and enforces the Massachusetts Elder Abuse Law in 18 Metrowest Boston communities. He also represents professional guardians and conservators, and represents individuals who are trying to help disabled family members and friends. He is committed to helping elders with disabilities or incapacities live the richest lives that they can, whatever their disabling circumstances or incapacities.

The Massachusetts laws on guardianship and conservatorship changed dramatically, beginning on July 1, 2009, by the enactment of Article V of the Massachusetts Uniform Probate Code. The new law emphasizes the concept of limited guardianships and conservators, and views people with disabilities and incapacities on an individual basis, with the goal being that a person with a disability or incapacity ought to be able to manage his or her own life to the extent to which he or she is able to do so. It is with this level of sensitivity that Mr. Glick conducts his practice. His practice is on the cutting edge of the new law, and he has been on continuing legal education panels instructing other attorneys with regard to new aspects of the law.

Many difficulties and complexities can arise when representing the guardian or conservator of a person who lacks mental capacity, such as the need to seek a court's approval to:

• Treat the incapacitated individual with anti-psychotic medication (known in Massachusetts as Rogers Authority);
• consent to extraordinary medical treatment;
• admit an incapacitated elder to a nursing facility;
• sell or mortgage a home or other real estate owned by the incapacitated person; or
• prepare an estate plan on behalf of an incapacitated individual, including a plan that involves estate tax considerations and Medicaid planning.

Mr. Glick has significant experience with all of these issues, and works very closely with families, as well as geriatric care and medical professionals, to assess an incapacitated person's needs and level of competency in order to determine the best legal avenue to pursue to help that particular person.

Mr. Glick also has significant experience in planning, particularly for a client's financial protection and potential future disability. He makes significant use of documents such as health care proxies and durable powers of attorney, so that if a client later becomes disabled or incapacitated, he or she may be able to fully avoid the expense and court oversight entailed in guardianship and conservatorship proceedings. In addition, Mr. Glick assists people to put their personal and financial affairs in order and to protect their assets through documents such as wills and trusts. This type of careful planning is essential in assisting clients to be able to decide for themselves who their property will pass to, and allowing them to live their elder years in peace, comfort, and safety with the assistance of loving family members and friends whom they trust.