Worcester Estate Planning & Elder Law Attorney
I am attorney Nicholas W. Daviau, and I represent people in Worcester and throughout Massachusetts with a wide range of legal needs, from estate planning and elder law to probate matters and real estate.
I established my firm in 2011 to provide my clients with high-quality and cost-effective legal services. Look to me for assistance in the following practice areas:
Every adult should have at least a basic estate plan consisting of a last will and testament, durable power of attorney and health care proxy. These documents are essential in providing guidance to your loved ones regarding how you want your assets distributed and who you would like to serve in certain fiduciary capacities for you. By taking a holistic approach to estate planning, I am especially equipped to handle your unique circumstances by devising an estate plan that can maximize proactive planning measures as well as asset protection strategies.
As a Worcester elder law attorney, I help seniors and their loved ones prepare for the high costs of health care and long-term care through effective:
- Medicaid planning: I can assist you in creating a plan to protect your hard-earned assets while maintaining your eligibility for MassHealth.
- Medicaid advocacy: If you or a loved one is in need of skilled nursing care, I can assist you in maneuvering your assets to obtain eligibility for MassHealth benefits. Alternatively, if you or a loved one do not require the care of a skilled nursing facility, I can also formulate a plan to obtain eligibility for a community MassHealth program. Community MassHealth programs allow you or your loved one to receive the care that you need while still remaining in the community.
When a loved one becomes incapacitated or passes away, you may need legal assistance for a variety of reasons. Look to me for sound guidance in:
- Guardianships and conservatorships: My services include petitioning the probate court to appoint a guardian or conservator for an incapacitated loved one. Additionally, I can guide you through the complexities of serving as a guardian or conservator as well as ensure that you comply with any required reporting to the probate court.
- Estate administration: Whether you need assistance in becoming appointed as the personal representative of your loved one’s estate or if you have already been appointed a personal representative, I can assist you in settling and administering your loved one’s estate.
Individuals with disabilities and special needs require specialized attention in the areas of estate planning and government benefit advocacy. In this area, I work tirelessly to ensure that your loved ones’ best interests are represented while preserving his or her eligibility for government benefit programs. A disabled person or person with special needs could be disqualified from MassHealth and other government programs if he or she receives a large sum of money or inheritance. I can help you protect your loved one’s public benefits through the creation of a special needs or supplemental needs trust.
I also offer a full range of real estate services, including residential real estate transactions and landlord-tenant matters.