A stethoscope.

The Massachusetts CARE Act: A Bright Future for Cooperation Between Healthcare and Family Caregivers

Caring for a sick, disabled or incapacitated loved one can be a stressful proposition, but a new Massachusetts law aims to ease the burden by providing formal support to family caregivers. The Caregiver, Advise, Record, Enable (CARE) Act was signed into law by Governor Baker last year with the hope that the law is fully implemented by this fall. The CARE law acknowledges the essential role of family caregivers and requires state agencies to develop guidance for hospitals to ease post-hospitalization patient recovery. The CARE law provides that every hospital patient has the opportunity to designate a caregiver. The hospital must then notify the caregiver when the patient is about to be discharged, whether to another facility or home. Then instruction will be provided to the caregiver on how to perform follow-up medical tasks for the patient at home, such as managing medications or dressing wounds. With adequate information and training, outcomes for patient recovery will improve.

In light of the new CARE law, individuals undergoing medical procedures or entering care facilities should consider who to name as designated caregiver. In making this decision, one should consider a variety of factors including location, relationship and ability to provide adequate care. For example, it may not be advisable for a mother undergoing treatment in Massachusetts to designate her son who resides in California as caregiver.

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Kristin Shirahama
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Kristin Wildman Shirahama

Kristin Shirahama, Private Client Practice Area Leader, is a Massachusetts trust and estate lawyer with over 20 years of experience who uses her listening skills, empathy and knowledge of the law to help individuals and families with difficult estate and gift planning concerns. Trustees, guardians and other fiduciaries regularly rely on Kristin for trust and estate administration, and she often serves as trustee and executor or personal representative. 

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About the Authors

Kristin Shirahama
Stay Connected
LinkedIn

Partner

Kristin Wildman Shirahama

Kristin Shirahama, Private Client Practice Area Leader, is a Massachusetts trust and estate lawyer with over 20 years of experience who uses her listening skills, empathy and knowledge of the law to help individuals and families with difficult estate and gift planning concerns. Trustees, guardians and other fiduciaries regularly rely on Kristin for trust and estate administration, and she often serves as trustee and executor or personal representative. 

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