What Does a “Do Not Resuscitate” Notice in a Person’s Home Mean?
Occasionally, I see a Massachusetts “DNR Notice” in someone’s home (usually the home of an elderly person). The notice is formally named a “Comfort Care-Do Not Resuscitate” notice – “CC/DNR” for short. Recently, I noticed a CC/DNR in an elderly client’s home. The client said that she didn’t know much about the...
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U.S. Estate Tax Law — The Wait is Over (Maybe)
At long last, in its first action to avoid the Fiscal Cliff, Congress has enacted a new tax act (The American Taxpayer Relief Act of 2012).
From a US (but not Massachusetts) gift tax and estate tax perspective the Bush-era tax cuts were made permanent. The most important of...
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New Taxes for 2013
The package of US health care reform laws imposes new taxes starting in 2013. These are not part of the so-called “fiscal cliff”. A solution to the “fiscal cliff” will probably not affect the taxes discussed in this article.
Part 1 – 3.8% Surtax On Certain Amounts and Kinds...
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The New Massachusetts Alimony Statue: What Does it Do?
Massachusetts recently enacted a new comprehensive alimony law which took effect March 1, 2012. The new law is a substantial change from what was the prevailing “old” alimony law. In some ways the old law was inequitable and could cause seemingly unfair consequences. Some of the most important changes which are viewed...
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The Schoolyard Lawyer: School Discipline for Students Not Yet Eligible for Special Education
When a regular education student violates the school handbook, the school can discipline that student according to the policies and procedures set forth in the handbook. When the discipline involves a special education student, however, the IDEA requires the school to follow certain additional procedures when disciplining that student. Those procedures are...
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It’s official: the Massachusetts Alimony Law has Passed
On September 26, 2011, Governor Patrick signed the long-awaited alimony bill into law, potentially ending many lifetime alimony awards across the state. The previous Massachusetts law required the court to consider a number of factors when determining alimony, but it did not provide guidelines for judges to determine the length of the...
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FERPA: The Federal Law of Student Records
The Family Educational Rights and Privacy Act, or FERPA, is a Federal law that protects the privacy of students’ education records and access to those records, and applies to schools that receive federal financial assistance under the U.S. Department of Education, including elementary and secondary schools as well as postsecondary schools. FERPA prohibits...
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Employee Misclassification: A Caution to All Employers
For those businesses that utilize independent contractors as part of their business model, employee misclassification has become a major issue. It is one that is taking on increasing importance within the United States, as well as here in Massachusetts.
In Massachusetts, employers who are found to have misclassified their W-2...
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The Schoolyard Lawyer: A Parent’s Guide to Hiring a Special Education Attorney
The Special Education process can be frustrating, time-consuming, and upsetting to many parents. When parents feel that they can no longer face the school district on their own, many choose to hire a Special Education attorney to help them. This is an extremely important decision because it involves one of the most...
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Elder Bullying Happens Too
Imagine this scenario: you walk into a cafeteria filled with others who are giving you dirty looks, pointing and laughing at you, whispering things to their friends as you walk by, and not allowing you to sit with them. Am I talking about middle school? High school? Well, it certainly happens there,...
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The Schoolyard Lawyer: A Summary of Massachusetts Special Education Statistics at the BSEA
The Bureau of Special Education Appeals (BSEA) released its Special Education statistics for fiscal year 2011 (July 1, 2010 through June 30, 2011). A summary of the statistics is as follows:
The BSEA received 8,348 rejected IEPs, an increase of 473 over the past fiscal year.
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The Schoolyard Lawyer: New Guidelines for Pediatricians Diagnosing Children with ADHD
The American Academy of Pediatrics recently released new guidelines for diagnosing and treating attention deficit hyperactivity disorder (ADHD). Instead of diagnosing the condition in children aged 6 – 12, as previously required, the new guidelines require pediatricians to diagnose children starting at age 4 up to age 18.
If...
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