The subject matter of elder law arises from careful legal analysis of the concerns of elders and their caregivers as to planning for foreseeable circumstances (e.g., property or capacity) and dealing with harmful situations (e.g., abuse or neglect).
Other distinctive features include the absence of legislation recognizing living wills substituting reliance upon health care proxies instead; a well-developed mental health law; a well-developed case law of trusts based on a traditional "prudent man" standard for investments rather than a list of fixed classes of statutory investment vehicles as required elsewhere.
In 2016, the Massachusetts Appeals Court upheld the validity of irrevocable trusts for long-term care planning in Heyn v. Director of the Office of Medicaid, rejecting many of the arguments that MassHealth had made in denying benefits to applicants with irrevocable trusts.
Financial need must be shown by submitting a form financial statement with supporting documentation that demonstrates full compliance with MassHealth regulations, an exercise comparable to preparing, filing, and prosecuting a bankruptcy petition or an offer in compromise with the IRS.
In general, financial eligibility depends on a showing of countable assets less than a certain threshold ($2,000 in 2006).