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Brian E Barreira

Elder law Attorney at Plymouth, MA

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About Brian

Learn Brian’s areas of practice.

5
Practice areas
  1. Elder law
    40%
    Elder law includes health care proxies, living wills, HIPAA authorizations, wills, trusts, special needs trusts, durable powers of attorney, gifting, the income, estate and gift tax implications of any proposed action, representation of executors, attorneys-in-fact, trustees, guardians, conservators and representative payees; Medicaid, MassHealth, Medicare, Social Security benefits, SSI, Veterans benefits, housing programs, long term care insurance, and resident rights advocacy.

    38 years, 2,500 cases

  2. Estate planning
    33%
    Estate planning includes estate & gift tax planning, irrevocable life insurance trusts, generation-skipping trusts, business succession planning, buy-sell agreements, asset protection planning and long-term care planning.

    38 years, 1,500 cases

  3. Medicaid and medicare
    13%
    This topic is included in the area of Elder Law, and includes MassHealth applications and appeals. For more info, see my blogs, MassHealth.info and IrrevocableTrust.info.

    38 years, 1,000 cases

  4. Trusts
    10%
    This topic is included in the areas of Estate Planning and Elder Law, and ranges from special needs trusts for the developmentally disabled and mentally ill, to marital QTIP, credit shelter trusts and irrevocable life insurance trusts for married couples, to irrevocable income-only trusts for Medicaid planning for elderly persons, to simple revocable living trusts to avoid probate.

    38 years, 1,500 cases

  5. Guardianship
    1%
    This topic is included in the areas of Estate Planning and Elder Law, and includes guardianship of minor children, the developmentally disabled, the mentally ill and the elderly. Conservatorship, which is the financial component of a typical guardianship, is also included in this area.

    38 years, 250 cases

  6. Power of attorney
    1%
    This topic is included in the areas of Estate Planning and Elder Law.

  7. Probate
    1%
    This topic is included in the areas of Estate Planning and Elder Law.

    38 years, 1,500 cases

  8. Wills and living wills
    1%
    This topic is included in the areas of Estate Planning and Elder Law.

Since 1996, the law offices of Brian E. Barreira have provided legal services to individuals, married couples, senior citizens, business owners, disabled persons and their families in the areas of estate planning, long-term care planning (including Medicare, Medicaid and MassHealth), governmental benefits planning (including SSI), estate and gift tax matters and Probate Court issues (including estates, trusts, guardianships and conservatorships). Brian is dedicated to providing the highest level of legal expertise to clients while attempting to keep matters as simple as possible to hold clients’ overall costs down.

Brian received his law degree from Boston University School of Law in 1984. Later, while practicing law, he enrolled part-time in the Graduate Tax Program at Boston University School of Law, where he attained a Master of Laws in Taxation in 1990.

An early leader in the development of elder law as a specialty, Brian served for 6 years as the first Chair of the Elder Law Committee of the American Bar Association’s General Practice Section. He has also served as President, Treasurer and Director of the Massachusetts Chapter of the National Academy of Elder Attorneys, and as Chair of the Committee on Long-Term Health Care Issues of the American Bar Association’s Real Property, Probate & Trust Law Section. 

Rated AV by Martindale-Hubbell, Brian is listed in the Martindale-Hubbell Bar Registry of Preeminent Lawyers in the fields of "Elder Law" and "Trusts & Estates, Wills & Probate." He has been selected as a Massachusetts SuperLawyer during 2009-2016.

Among Brian’s diverse experiences, he has served as a background source on elder financial abuse reports for the Boston Globe Spotlight Team and 60 Minutes; as an undercover informant for the Massachusetts Attorney General’s Office in shutting down an organization that was fraudulently selling trusts to senior citizens; and as an expert witness in a recent case opposing the fees of two Massachusetts lawyers who attempted to charge over $500,000 for an 83-day temporary guardianship.

Brian has been published nationally numerous times in such legal journals as Estate Planning, Probate & Property, NAELA Quarterly and The Practical Lawyer, and in Massachusetts for several Massachusetts Continuing Legal Education and Massachusetts Bar Association publications on the topics of estate planning, probate, estate and gift taxation, Medicaid and elder law. Brian has updated several of those articles and has been posting them at his blog, . His other blogs include  and .

Brian has spoken nationally at American Bar Association Annual Meetings in Orlando, Florida and San Francisco, California, at Elder Law Symposia in San Diego, California, Orlando, Florida, Atlanta, Georgia and New York City, New York, at Elder Law Institutes in Colorado Springs, Colorado and St. Louis, Missouri, and at the Advanced Estate Planning Institute of the American Institute of Certified Public Accountants in Coronado, California. In Massachusetts, Brian has spoken for the Massachusetts Bar Association’s Probate Law Section, the Massachusetts Chapter of the National Academy of Elder Law Attorneys, the Advanced Legal Studies Program of Suffolk Law School, the Cape Cod Estate Planning Council, the Bristol County Estate Planning Council, the Plymouth County Bar Association, the Plymouth District Bar Association and Massachusetts Continuing Legal Education.

Prior to opening his own law office in 1996, Brian worked for 11+ years settling complex estates at State Street Bank and Trust Company in Boston, Massachusetts and practicing estate planning, probate and elder law for law firms in Boston and Plymouth, Massachusetts.

Brian continues to speak to numerous professional and civic groups about all aspects of estate planning, probate and elder law, and is available to groups seeking speakers or information about these topics.

Brian E. Barreira
online at
Licensed for 38 years
State MA
Status Active
Acquired 1985
Updated 12/25/2022

We have not found any instances of professional misconduct for this lawyer.

Contact Brian

Attorney Brian E. Barreira
118 Long Pond Road
Suite 206
Plymouth, MA, 02360

Reviews

Not yet reviewed. Review Brian

Cost

Rates
  • Hourly Rates $ 280-300 per hour
Payment methods
Cash, Check, Credit Card

Resume

AVVO RATING 10.0 (Superb)

Work Experience

  • Attorney
  • Law Offices of Brian E. Barreira
  • 1996 - Present
  • Attorney
  • Winokur, Winokur, Serkey & Rosenberg, P.C.
  • 1988 - 1996
  • Attorney
  • Barron & Stadfeld, P.C.
  • 1987 - 1988
  • Senior Estate Specialist
  • State Street Bank and Trust Company
  • 1985 - 1987
View all work experience

Education

  • Boston University School of Law
  • LL.M. (Masters) in Taxation
  • 1990
  • Boston University School of Law
  • JD - Juris Doctor
  • 1984
  • Boston College
  • BS - Bachelor of Science
  • 1980

Legal Cases

  • Studley v. Bullen
  • Settlement
  • Temporary Guardianship of Kenneth Simon
  • Judgment against Temporary Guardian

Associations

  • National Academy of Elder Law Attorneys (Massachusetts chapter)
  • Member
  • 1991 - Present
  • National Academy of Elder Law Attorneys
  • Member
  • 1990 - Present
  • Massachusetts Bar Association, Probate Law Section
  • Member
  • 1987 - Present
  • Massachusetts Bar Association, Probate Law Section
  • Council Member
  • 1995 - 1997
  • National Academy of Elder Law Attorneys (Massachusetts chapter)
  • President
  • 1994 - 1994
  • American Bar Association, Real Property, Trust and Estate Law Section, Long Term Care, Medicaid, and Special Needs Trusts Committee
  • Chair
  • 1992 - 1995
  • American Bar Association, General Practice, Solo and Small Firm Division, Elder Law Committee
  • Chair
  • 1990 - 1995
View all associations

Languages Spoken

  • English

Honors and Awards

  • Massachusetts Super Lawyer
  • SuperLawyers
  • 2021
  • Massachusetts Super Lawyer
  • SuperLawyers
  • 2020
  • Massachusetts Super Lawyer
  • SuperLawyers
  • 2019
  • Massachusetts Super Lawyer
  • SuperLawyers
  • 2018
  • Massachusetts Super Lawyer
  • superlawyers.com
  • 2017
  • Certified Elder Law Attorney
  • National Elder Law Foundation, a private org. whose standards for certification are not regulated by the Comm. of Mass.
  • 2016
  • Massachusetts Super Lawyer
  • superlawyers.com
  • 2016
  • Massachusetts Super Lawyer
  • superlawyers.com
  • 2015
  • Massachusetts Super Lawyer
  • superlawyers.com
  • 2014
  • Outstanding Chapter Member
  • Massachusetts Chapter of National Academy of Elder Law Attorneys
  • 2014
  • Massachusetts Super Lawyer
  • superlawyers.com
  • 2013
  • Massachusetts Super Lawyer
  • superlawyers.com
  • 2012
  • Massachusetts Super Lawyer
  • superlawyers.com
  • 2011
  • National Certified Guardian
  • Center for Guardianship Certification, a private org. whose standards for certification are not regulated by the Comm. of Mass.
  • 2010
  • Massachusetts Super Lawyer
  • superlawyers.com
  • 2010
  • Massachusetts Super Lawyer
  • superlawyers.com
  • 2009
  • National Certified Guardian
  • Center for Guardianship Certification, a private org. whose standards for certification are not regulated by the Comm. of Mass.
  • 2008
  • Outstanding Chapter Member
  • Massachusetts Chapter of National Academy of Elder Law Attorneys
  • 2002
  • Outstanding Chapter Member
  • Massachusetts Chapter of National Academy of Elder Law Attorneys
  • 2000
  • Certified Elder Law Attorney
  • National Elder Law Foundation, a private org. whose standards for certification are not regulated by the Comm. of Mass.
  • 1996
View all awards

Publications

  • Massachusetts Continuing Legal Education, Inc. ("MCLE")
  • Tax Considerations Regarding Trusts, Estate Planning for the Aging or Incapacitated Client in Massachusetts
  • 2012
  • National Academy of Elder Law Attorneys (NAELA)
  • An Analysis of Various Types of Transfers of the Home: Tax and Medicaid Issues
  • 2001
  • Massachusetts Bar Association
  • Tax and Health Care Planning for the Terminally Ill Client
  • 2000
  • National Academy of Elder Law Attorneys (NAELA)
  • Gifting Powers and Other Drafting Concerns with Powers of Attorney
  • 2000
  • National Academy of Elder Law Attorneys (NAELA)
  • Tax, Trust and Health Care Planning for the Terminally Ill Client
  • 1999
  • National Academy of Elder Law Attorneys (NAELA)
  • Tax Traps for the Unwary
  • 1998
  • Estate Planning magazine
  • Using a Charitable Remainder Annuity Trust to Pay for Long-Term Care Insurance
  • 1997
  • Massachusetts Continuing Legal Education, Inc. ("MCLE")
  • Estate Planning for the Disabled Beneficiary
  • 1996
  • Massachusetts Bar Association
  • Estate Planning for Incapacitated Persons in the Probate Court
  • 1996
  • Massachusetts Lawyers Weekly
  • An Overview of Estate Planning on Behalf of Incompetent Persons
  • 1995
  • National Academy of Elder Law Attorneys (NAELA)
  • Basic Tax Planning for the Principal Residence
  • 1995
  • National Academy of Elder Law Attorneys (NAELA)
  • Using Testamentary Trusts in Medicaid and Tax Planning
  • 1995
  • Massachusetts Continuing Legal Education, Inc. ("MCLE")
  • Preserving and Transferring the Principal Residence
  • 1994
  • National Academy of Elder Law Attorneys (NAELA)
  • Trust & Tax Issues in Transferring Principal Residence
  • 1993
  • National Academy of Elder Law Attorneys (NAELA)
  • Using Special Powers of Appointment in Medicaid Planning
  • 1992
  • American Bar Association publication
  • Using Long-Term Care Insurance to Cover the Medicaid Disqualification Period
  • 1992
  • National Academy of Elder Law Attorneys (NAELA)
  • Combining Long-Term Care Insurance with an Immediate Annuity
  • 1992
  • American Bar Association publication
  • Your Client's Right to Say No: A Nursing Home Is Not Inevitable, Especially If the Goal Is Home Health Care
  • 1992
  • Estate Planning magazine
  • Medicaid Trusts: Resolving the Income Tax Issues
  • 1991
  • National Academy of Elder Law Attorneys (NAELA)
  • Structuring Intrafamily Sales Requires Attention to Federal Tax Consequences
  • 1991
  • American Bar Association publication
  • Despite Medicaid Transfer Restrictions, Late Transfers Can Save the Home
  • 1991
  • National Academy of Elder Law Attorneys (NAELA)
  • Federal Taxation of Gifts and Trusts in the Elder Law Context
  • 1991
  • Probate and Property Journal (ABA)
  • Using Special Powers in Medicaid Trusts
  • 1990
  • Practical Lawyer
  • Counseling the Client on the Community Spouse Resource Allowance
  • 1990
  • Estate Planning magazine
  • Despite Medicaid Transfer Restrictions, the Home May Still Be Kept in the Family
  • 1990
  • National Academy of Elder Law Attorneys (NAELA)
  • The Use of Trusts in the Elder Law Practice
  • 1990
  • Estate Planning magazine
  • An Irrevocable Grantor Trust Can Assure Eligibility for Medicaid
  • 1989
View all publications

Speaking Engagements

  • Elder Law Institute
  • An Analysis of Various Types of Transfers of the Home: Tax and Medicaid Issues
  • 2001
  • Elder Law Institute
  • Gifting Powers and Other Drafting Concerns with Powers of Attorney
  • 2000
  • Plymouth County Bar Association Annual Meeting
  • Current Issues in Guardianship
  • 1998
  • Elder Law Symposium
  • Basic Tax Planning for the Principal Residence
  • 1995
  • Elder Law Symposium
  • Federal Taxation of Gifts and Trusts in the Elder Law Context
  • 1991
  • Annual Advanced Estate Planning Conference
  • Elder Care Planning
  • 1991
  • Elder Law Symposium
  • The Use of Trusts in the Elder Law Practice
  • 1990
View all speaking engagements

Attorney endorsements

Received (4)
Given (0)
Endorse Brian
Unknown Attorney | Jun 29
Relationship: Fellow lawyer in community
"Top-notch attorney. Highly respected in the legal community."
Elder law Attorney | Jan 19
Relationship: Fellow lawyer in community
"I endorse and have personally recommended clients to Attorney Barreira. As you can see from his posts, Brian's thoughtful answers to Avvo legal questions demonstrate not only a superior grasp of the law but also an outstanding level of client commitment. He is highly regarded by the courts and by his peers in the legal profession and is an outstanding lawyer."
Elder law Attorney | Dec 29
Relationship: Fellow lawyer in community
"I endorse this lawyer. He is an excellent attorney."
Estate planning Attorney | Mar 29
Relationship: Worked together on matter
"I endorse this lawyer's work. Attorney Barreira is one of the most competent estate planning/probate/tax attorneys in Massachusetts. He is highly regarded and has been involved in significant cases that have had set the standards relative to various legal issues in Massachusetts. He is qualified to assist clients in litigation, estate planning, elder law and tax issues."
This attorney hasn't created any attorney endorsements recently on Avvo.