Attorney Brian E Barreira's Legal Cases

Elder law

Studley v. Bullen

N/A

OUTCOME: Settlement

This was a Superior Court case regarding how the MassHealth (i.e, Medicaid) disqualification period is supposed to be calculated when gifts are found during the lookback period. It took 3 years of liti ... gation, beginning at the fair hearing level, and a detailed telephone survey of the 420 nursing homes in Massachusetts, before the Division of Medical Assistance finally backed down and put a proper procedure in place to calculate the average cost of Massachusetts nursing home care, as required under federal Medicaid law. In the end, the Commonwealth of Massachusetts not only settled the case, but also paid my client's legal fees.

Guardianship

Temporary Guardianship of Kenneth Simon

N/A

OUTCOME: Judgment against Temporary Guardian

In Temporary Guardianship of Kenneth Simon, a Barnstable County, Massachusetts case, a Probate Court judge presided over a lengthy trial on the fees in the Temporary Guardian’s First and Final Account ... and ruled in 2010 that the two attorneys involved in the case had to reimburse the sum of $328,770.97 to the decedent’s estate. I was the expert witness hired by the persons who were challenging the fees. The Temporary Guardian had been in charge of Kenneth Simon's personal and financial affairs for a mere 83 days before his death, yet the Account had included legal and fiduciary fees of well over $500,000.00. The Temporary Guardian and his lawyers had initiated divorce, annulment and estate planning actions without even attempting to determine whether Kenneth Simon would have wanted these actions, and the judge agreed with my opinion that Kenneth Simon's wishes and preferences should have been everyone’s first and foremost concern. More about this case, including the judge’s 32-page decision, can be found at http://wp.me/pRFoy-3Y.

Brian E Barreira's Legal Cases (2)

Studley v. Bullen

Temporary Guardianship of Kenneth Simon