Jason R. Ebacher, Esq. is the founder of the Law Office of Jason R. Ebacher. Jason has been practicing law since 2007 with a focus on estate planning, Medicaid, long-term care planning, special needs planning, and elder law.
Jason earned his B.S. in Psychology/Criminal Justice from Endicott College in 1997, a M.A. in Criminal Justice from the University of Massachusetts-Lowell in 2000, a J.D. from the Massachusetts School of Law in 2005 and is a certified mediator.
Jason is a member of the New Hampshire Bar Association’s Trust & Estate Section and the Massachusetts State Bar. He is also a member of Elder Counsel, National Academy of Elder Law Attorneys, Amesbury, Massachusetts Chamber of Commerce, and a volunteer estate planning attorney for Veterans Legal Services.
Prior to practicing law, Jason worked for the Essex County Sheriff’s Department for 20 years as a Correctional Officer, Sergeant, Lieutenant, Captain and Assistant Superintendent. As a Captain and Assistant Superintendent, he had the pleasure to serve as the director of a senior citizen safety and awareness program called TRIAD. While working closely with local senior centers, police departments, and senior citizens to create and maintain safety and awareness programs, Jason also conducted numerous legal presentations on the following topics: elder law, estate planning, the importance of having a power of attorney/health care proxy, elder abuse, senior bullying, identity theft, advertising scams targeting senior citizens, the Massachusetts Home Improvement Contractor Statute and the Massachusetts Homestead Act.
In addition to his legal and law enforcement experience, Jason has taught numerous legal studies, criminal justice, psychology and sociology courses, as an adjunct professor, at Endicott College, Colby-Sawyer College, Hesser College, Mount Washington College, and Southern New Hampshire University.
In Jason’s free time, he enjoys spending time with his two sons, Austin and Brady.
There really is no right or wrong age, but by age 60 you should start the planning process. The longer you wait in life, the more you run the risk of your money not being protected, or you may lose your capacity because of health issues. We also recommend that our clients do multigenerational planning by helping their kids start estate plans, for example, when they are in their 30s with young children.
Elder law is a subspecialty of estate planning. Elder law attorneys help individuals and their families plan for retiree benefits, healthcare, and long-term care, Medicaid and Medicare coverage, and home and nursing home care. We also help with decision-making documents and provide guidance on other legal issues for seniors and people with disabilities. We provide clients and their families with a comprehensive approach as our office spends a lot of time learning about their needs and wants. Our work is not just a transaction. We direct a team that includes financial planners, accountants, insurance agents and other professionals to design and implement an appropriate plan for each client.
The cost of care can be extremely expensive. Nursing homes in Massachusetts can cost between $11,000 -$13,000 per month. Home Health Aides can cost between $5,000 and $6,000 per hour. Assisted living facilities can cost $4,000-$6,000 per month. With proper planning, government benefits can assist with these costs.
A durable power of attorney is a legal document wherein you appoint a trusted family member or friend to act on your behalf if you are unable to act for yourself. The document should allow this individual the authority to handle all of your financial matters, including, but not limited to real estate, banking, insurance, litigation, government benefits and the power to gift assets.
Medicare pays for a limited amount of the costs when in short term rehab or the cost of a home health aide for a limited period of time. When these benefits expire, you will need to pay privately or seek other alternatives, such as Medicaid.
If you don’t make a will or use some other legal method to transfer your property when you die, state law will determine what happens to your property. Generally, it will go to your spouse and children or, if you have neither, to your other closest relatives. If no relatives can be found to inherit your property, it will go to the state.
In addition, in the absence of a will, a court will determine who will care for your young children and their property if the other parent is unavailable or unfit.
If you are part of an unmarried same-sex couple, your surviving partner will not inherit anything unless you live in one of the few states that allow registered domestic partners to inherit like spouses.