Having recently celebrated Independence Day, it’s fitting to reflect on the principles of freedom and self-determination that guide our work as elder law and special needs attorneys. Our founding fathers laid the groundwork to create a nation where its people were born with natural rights and freedom from authoritarian control. The rights we enjoy today were revolutionary only a few centuries ago. And just as our forefathers fought for liberation, we too fight for the independence, dignity, and autonomy of the aging and disabled people of this Commonwealth.
In the spirit of the revolutionaries who shaped our nation, we’ve been working tirelessly to advocate for seniors’ rights. Our collaboration with the Attorney General’s Elder Justice Unit on 93A regulations characterizes this commitment. These regulations will provide stronger resident protections for our elderly tenants, safeguarding them against unfair or deceptive practices.
Also, as the legislative session winds down, we’re in a critical battle to preserve pooled trusts for individuals 65 and older. These trusts are vital estate planning instruments that provide seniors with resources to maintain their quality of life while qualifying for essential benefits. By fighting to keep these trusts accessible, we’re upholding the principle that financial circumstances should not dictate an elder’s right to dignity and care.
Finally, we continue to advocate for our Community Care/PACE bill to increase access to home and community-based services. Our clients don’t believe aging in place is a wish, they believe it is their right and this bill allows more people to use their own limited resources to remain in the community. The ability to safely live in your own home for as long as possible exemplifies the core tenets of our chapter’s objective: preserving our clients’ rights to self-determination, independence, autonomy, and dignity.
In addition to working with the legislature we hope that MassHealth will be moved to action to uphold the American spirit of community and independence, and to expand access without legislative action.
As we face challenges in our field – an aging population, complex legal landscapes, and evolving healthcare systems – let’s draw inspiration from our elders’ courage and listen to their voices. Our work is more than legal practice; it’s a calling to empower the people that have contributed so much to our society. As we continue to enjoy the summer and our freedoms, let’s recommit ourselves to the principles that both our nation and our profession hold dear. Our elders and individuals with disabilities deserve no less than the full measure of independence and dignity that is inherited by everyone.
– Michael R. Couture, Esq.