Taunton MA - Legal Rights

Elder Abuse - Elder Abuse is defined as "an act or omission which results in serious physical or emotional injury to an elderly person or financial exploitation of an elderly person, or the failure, inability or resistance of an elderly person to provide for himself or herself one or more of the necessities essential for physical and emotional well-being without which the elderly person would be unable to safely remain in the community". Elder Abuse Hotline: 1-800-922-2275

Self Neglect - Self Neglect is further defined as "the failure or refusal of an elder to provide for himself or herself one or more of necessities essential for physical or emotional well-being, including food, clothing, shelter, personal care, supervision and medical care, which has resulted in, serious harm or where there is a substantial reason to believe that such failure or refusal will immediately result in harm, and prevents the elder from remaining safely in the community." Elder Abuse Hotline: 1-800-922-2275

Grandparents Rights - Visitation Rights - Massachusetts Law has provided for visitation rights to certain grandparents of unmarried children. The statute in Massachusetts provides for visitation rights under the following circumstances: if the parents of the child are divorced, married but living apart, or under a temporary order or judgment of separate support, if either or both parents are deceased, if the child was born out of wedlock and the paternity of the child has been established by a court or the father has signed an acknowledgement of paternity.

Grandparents Raising Grandchildren - Once a grandparent has made the decision to care for their grandchild, there are a number of different ways in which care can be assumed. Each way presents different possibilities; in terms of the programs and services one would be eligible to receive (i.e., Adoption, custody, foster care, guardianship, and physical custody). Pamphlet available.

Landlord-Tenant Disputes - Property Upkeep, Rent Increases, Maintenance issues, etc. Your local Board of Health (508-821-1400) handles code violations and they may be able to help resolve these situations. For other disputes contact the South Coastal Counties Legal Services, Inc. Senior Law Project at 1-800-287-3777 or 508-880-6704.

Representative Payee - Some individuals simply are not able to manage their own financial affairs. For these people, a relative, friend or other interested party can be appointed to handle financial matters. This person is called a "representative payee". The benefits for the "individual without capacity" are made payable to a representative payee on behalf of the individual (establishing a payment in trust and fiduciary responsibility for the representative payee). Rights and responsibilities of the representative payee should be discussed with the Social Security Office and legal counsel before entering into an agreement.

Bankruptcy - A legal preceding that relieves the responsibility of paying debts or provides protection while attempting to repay debts. There are two types of bankruptcies: liquidation, in which debts are wiped out, and reorganization, in which the court is provided with a plan for how the debts will be repaid. For both consumers and business, liquidation bankruptcy is called Chapter 7. For consumers, reorganization bankruptcy is called Chapter 13. Reorganization bankruptcy for consumers with an extraordinary amount of debt and for businesses is called Chapter 11. Reorganization bankruptcy for family farmers is called Chapter 12.

Conservatorship - Conservatorship gives a third party authority over finances and business affairs when an individual in question is not legally competent to manage his/her own affairs.

Guardianship - An extreme measure that severely restricts the legal rights of an individual based on a court's finding of legal incompetence. Another person is assigned the responsibility of handling the individual's legal affairs.

Homestead Act - An Estate of Homestead is a type of protection for a person's residence in the form of a document called a "Declaration of Estate of Homestead". The form is filed at the Registry of Deeds in the County where the property is located, referencing the title to the property. It allows homeowners in Massachusetts to protect their property up to five hundred thousand dollars ($500,000) of the value per residence, per family. Cost: $35.00

Power of Attorney - A power of attorney is a written document in which a mentally competent adult (called the "principal") appoints another mentally competent adult or a corporation (called the "agent" or "attorney-in-fact") to act on the principal's behalf. The attorney-in-fact may perform any legal function or task that the principal has a legal right to do for him or herself.

Trust - Property given to a trustee to manage for the benefit of a third person. Generally, the beneficiary gets interest and dividends on the trust assets for a set number of years. An agreement under which one person transfers title to specific property to another who agrees to hold or manage it for the benefit of a third person.

Wills - A will is a written and signed statement, made by an individual, which provides for the disposition of their property when they die.

Contact your attorney or one of the following non-profit legal entities for additional information or help with any of these issues.

The Council on Aging will refer individuals to the above agencies and work with these agencies to hold informational presentations