The M&B Weekly  
  December 17, 2012 
 
Jane Dobisz
In this issue...
Trustee Fees Denied
What Do the Election Results Mean for Seniors?
Follow Margolis & Bloom on Twitter
Office Space - Great Location
Email:
  
Phone:
(617) 267-9700

 

Web:
  Blog  
2.  Sized to meet the needs of all clients...

Quick Links



  
Trustee Fees
Trustee Fees Denied

A California appeals court last week denied the petition of a court-appointed trustee of a special needs trust to be paid his fees. The trust included an unusual provision restricting the payment of trustee fees and the court ruled that the lower court that had awarded fees could not override the trust's plain language.

Certainly one moral of this story is that anyone asked to serve as trustee should read the trust agreement carefully before agreeing to serve.

But that's not the only conclusion to draw from this case. The court never would have appointed an independent and costly trustee if the original trustee, the mother of the beneficiary, hadn't made a number of mistakes. She did nothing wrong out of bad intent, but she did not have the necessary training to act as trustee and subjected the trust assets to risk as well as jeopardized her son's eligibility for Supplemental Security Income. If she had consulted regularly with counsel experienced in special needs trusts, the costly litigation that resulted in this decision would never have occurred.

Click here to read more about this case.
 
What Do the Election Results Mean for Seniors?

Now that the votes are counted and

President Obama has a second term,

what does it mean for seniors? While

President Obama's re-election means

Medicare and Medicaid as we know

them will likely be preserved at least for

the next four years, many challenges are still ahead.

 

One of the biggest outcomes of the election is that the Affordable Care Act (ACA - a.k.a. "Obamacare"), which candidate Mitt Romney had promised to repeal, will almost certainly remain as law and be fully implemented. The law is already beginning to close the gap in Medicare's prescription drug coverage known as the "doughnut hole," as well as providing free preventative care for Medicare recipients. The ACA also included a number of provisions aimed at improving long-term care and helping recipients remain in their homes rather than be forced into nursing homes, and these will continue to be carried out.

 

Click here to learn more.

Follow Margolis & Bloom on Twitter

 

Follow us on Twitter @MargolisBloom to keep you updated on elder law developments in Massachusetts. Click here to stay on top of our blog posts, new articles, events and elder law developments.  

Boston Location for Your Business

Two offices available in Copley Square, opposite Trinity Church.  Ideal for solo practitioners or anyone needing a part-time Boston location.  For more information, call Eugenia Andrade at 617/267-9700 or send an e-mail to [email protected]
M&B Green News
Compliments of Magdalena Lorenzo
 
When sending friends and family home with leftovers this holiday season, or just keeping the extra goodies for yourself, try and reduce your use of food wrap to cover bowls and pans.  Eco-friendly Bowl Overs are 100% coTrustee Feestton covers that fit over most bowls and can be washed and re-used as often needed.