Brian’s expertise & credentials

Since 1996, the Law Offices of Brian E. Barreira (currently located at 118 Long Pond Road, Suite 206, Plymouth, MA 02360) have provided legal services to parents, senior citizens, younger disabled persons and their families in the areas of estate planning, long-term care and governmental benefits planning (including MassHealth and SSI), estate and gift tax matters, and Probate Court issues (including estates, trusts, guardianships, conservatorships and partitions). Brian is dedicated to providing the highest level of legal expertise to clients while attempting to achieve simplicity to hold clients’ overall costs down.

Since 2017, Brian has been the Editor of “Estate Planning for the Aging and Incapacitated Client in Massachusetts,” a 2000+-page, 3-volume set on estate planning, elder law and special needs planning written by 50 Massachusetts lawyers and published by Massachusetts Continuing Legal Education (available for purchase at http://www.mcle.org/product/catalog/code/1910261B00). Of the 35 chapters in this set, his two are entitled “Trusts in the MassHealth Context” and “Taxation of Trusts.”

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. 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; as an expert witness in a 2010 case opposing the fees of two lawyers who attempted to charge over $500,000 for an 83-day temporary guardianship; and as lead counsel in Daley v. Secretary of the Executive Office of Health and Human Services, 477 Mass. 188 (2017), where the Supreme Judicial Court of Massachusetts upheld irrevocable trusts against challenges by the MassHealth agency.

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. He 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, MassHealth and elder law, and is available to groups seeking speakers or information about these topics.

Honors & Awards:

Martindale-Hubbell Peer Review Rating of “AV” since 1992.

Designated as a “Massachusetts Super Lawyer” in Boston Magazine, 2009-2020.

Currently listed in The Martindale-Hubbell Bar Register of Preeminent Lawyers in the field of “Elder Law.”

Currently listed in The Martindale-Hubbell Bar Register of Preeminent Lawyers in the field of “Trusts and Estates, Wills and Probate.”

Certified as an Elder Law Attorney by the National Elder Law Foundation since 1996. (NELF is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts.)

Outstanding Chapter Member Award, Massachusetts Chapter of National Academy of Elder Law Attorneys, 2000 and 2002.

Professional Activities:

CURRENT PROFESSIONAL MEMBERSHIPS

National Academy of Elder Law Attorneys.

Massachusetts Chapter of National Academy of Elder Law Attorneys.

Massachusetts Bar Association, Probate Law Section.

OTHER INFORMATION ABOUT PROFESSIONAL MEMBERSHIPS

Member, Board of Directors, Massachusetts Chapter of National Academy of Elder Law Attorneys, 2019-2021.

Chair, Program Committee, Massachusetts Chapter of National Academy of Elder Law Attorneys, 1999-2005.

Member, Program Committee, National Academy of Elder Law Attorneys, 2000-2001.

President, Massachusetts Chapter of National Academy of Elder Law Attorneys, 1994.

Chair, Elder Law Committee, General Practice Section of American Bar Association, 1990-1995.

Chair, Long-Term Health Care Issues Committee, Real Property, Probate and Trust Law Section of American Bar Association, 1992-1995.

Member, Probate Law Section Council, Massachusetts Bar Association, 1993-94, 1995-96.

Member, By-Laws Committee, General Practice Section of American Bar Association, 1994.

Tax Editor, NAELA Quarterly, 1991-94.

Speaking Engagements:

Moderator/Speaker, A Potpourri of Significant Massachusetts Cases, Massachusetts Chapter of National Academy of Elder Law Attorneys, Online Webinar, 2021.

Moderator/Speaker, MassHealth Due Process, Massachusetts Chapter of National Academy of Elder Law Attorneys, Online Webinar, 2020.

Moderator/Speaker, 20th Annual Elder & Disability Law Conference, Massachusetts Continuing Legal Education, Boston, Massachusetts, 2019.

The Accidental Penalty: Disqualifying Transfers, Massachusetts Chapter of National Academy of Elder Law Attorneys, Newton, Massachusetts, 2018.

18th Annual Elder & Disability Law Conference, Massachusetts Continuing Legal Education, Boston, Massachusetts, 2017.

MassHealth’s Attacks on Irrevocable Trusts, Massachusetts Chapter of National Academy of Elder Law Attorneys, Newton, Massachusetts, 2014.

Drafting and Defending Irrevocable Trusts, Massachusetts Chapter of National Academy of Elder Law Attorneys, Newton, Massachusetts, 2011.

Modified Carryover Basis Rules, American Bar Association’s Real Property, Trust & Estate Law Section, Income and Transfer Tax Planning Group, 2010.

Estate Planning in a Post-DRA Environment, Suffolk University Elder Law Institute, Boston, Massachusetts, 2007.

Speaker, Pearls and Gems from Past Presidents, Massachusetts Chapter of National Academy of Elder Law Attorneys, Newton, Massachusetts, 2007.

Current Issues in Estate Planning, Cape Cod Estate Planning Council, Hyannis, Massachusetts, 2006.

Disqualifying Transfers and Home Equity under the DRA, Massachusetts Chapter of National Academy of Elder Law Attorneys, Newton, Massachusetts, 2006.

Author/Speaker/Moderator, An Analysis of Various Types of Transfers of the Home: Tax and Medicaid Issues, NAELA Institute, St. Louis, MO, 2001

Speaker, Estate, Tax and Health Care Planning for the Terminally Ill Client, Massachusetts Bar Association, Boston, Massachusetts, 2000.

Author/Speaker, Gifting Powers and Other Drafting Concerns with Powers of Attorney, Elder Law Institute, 2000.

Speaker, Tax, Trust and Health Care Planning for the Terminally Ill Client, Massachusetts Chapter of National Academy of Elder Law Attorneys, Newton, Massachusetts, 1999.

Author/Speaker, Tax Traps for the Unwary, Suffolk University Elder Law Institute, Boston, MA, 1998.

Moderator/Speaker, A Foundation for the Principal Residence: Tax, Long-Term Care, Marital and Creditor Protection Issues, Massachusetts Bar Association, Boston, MA, 1997.

Moderator/Speaker, Estate Planning for Incapacitated Persons in the Probate Court, Massachusetts Bar Association, Boston, MA, 1996.

Moderator/Speaker, Estate Planning for the Disabled Beneficiary, Massachusetts Continuing Legal Education, Boston, MA, 1995, 1996.

Speaker, Estate Planning Basics, Massachusetts Continuing Legal Education, Boston, MA, 1995.

Author/Speaker, Basic Tax Planning for the Principal Residence, Elder Law Symposium, National Academy of Elder Law Attorneys, New York City, NY, 1995.

Speaker, Using Testamentary Trusts in Medicaid and Tax Planning, Massachusetts Chapter of National Academy of Elder Law Attorneys, Newton, MA, 1995.

Author/Speaker, Long-Term Care Insurance: Asset Protection or Needless Product, Suffolk University Elder Law Institute, Boston, MA, 1995.

Moderator/Author/Speaker, Preserving and Transferring the Principal Residence, Massachusetts Continuing Legal Education, Taunton/Peabody/Boston, MA, 1994.

Speaker, Last-Minute Medicaid and Tax Planning Options When One Spouse Is Entering a Nursing Home, Massachusetts Bar Association, Newton, MA, 1993.

Author/Speaker, Trust & Tax Issues in Transferring Principal Residence, Elder Law Symposium, National Academy of Elder Law Attorneys, Atlanta, GA, 1993.

Speaker, An Introduction to Elder Law: A Practice Concentration Comes of Age, Annual Meeting of American Bar Association, San Francisco, CA, 1992.

Speaker, Elder Care Planning, Annual Advanced Estate Planning Conference, American Institute of Certified Public Accountants, San Diego, CA, 1991.

Speaker, Love, Trust & Money in the Golden & Silver Years: Divorce, Taxation & Medicaid Issues, Annual Meeting of American Bar Association, Atlanta, GA, 1991.

Author/Speaker, Medicaid and Long-Term Health Care Planning: A Primer to Counseling Clients in Their Prime, Massachusetts Continuing Legal Education, Worcester, MA, 1991.

Author/Speaker, Federal Taxation of Gifts and Trusts in the Elder Law Context, Elder Law Symposium, National Academy of Elder Law Attorneys, Orlando, FL, 1991.

Speaker, The Use of the Irrevocable Trust in Medicaid Planning and the Tax Implications Thereof, Massachusetts Chapter of National Academy of Elder Law Attorneys, Waltham, MA, 1990.

Author/Speaker, The Use of Trusts in the Elder Law Practice, Elder Law Symposium, National Academy of Elder Law Attorneys, San Diego, CA, 1990.

Published Work:

Proper Medicaid Planning Can Keep the Home in the Family, Estate Planning, 2001.

Tax Considerations Regarding Trusts, Estate Planning for the Aging or Incapacitated Client in Massachusetts, MCLE Book Publications, Massachusetts Continuing Legal Education, 1998.

Tax Traps for the Unwary, Suffolk University Elder Law Institute, 1998.

Using a Charitable Remainder Annuity Trust to Pay for Long-Term Care Insurance, Estate Planning, 1997.

An Overview of Estate Planning on Behalf of Incompetent Persons, Massachusetts Lawyers Weekly, 1995.

Long-Term Care Insurance – A Necessary Option to Consider, NAELA News, 1995.

Estate Planning on Behalf of Incompetent Persons, Massachusetts Bar Association Probate Law Section News, 1995.

Charitable Remainder Trust Allows Sale of Appreciated Assets Without Capital Gains Tax, NAELA Quarterly, 1993.

Using Special Powers of Appointment in Medicaid Planning, NAELA Quarterly, 1992.

Your Client’s Right to Say No: A Nursing Home Is Not Inevitable, Especially If the Goal Is Home Health Care, The Compleat Lawyer, 1992.

Checklist: Medicaid Planning for Married Couples, The Compleat Lawyer, 1992.

Using Long-Term Care Insurance to Cover the Medicaid Disqualification Period, The Briefcase, 1992.

Using Annuities in Conjunction with Long-Term Care Insurance, Elder Law Committee Update, 1991.

Combining Long-Term Care Insurance with an Immediate Lifetime Annuity,” NAELA Quarterly, 1991.

Structuring Intrafamily Sales Requires Attention to Federal Tax Consequences, NAELA Quarterly, 1991.

Medicaid Trusts: Resolving the Income Tax Issues, Estate Planning, 1991.

A Medicaid Trust Checklist, The Practical Lawyer, 1991.

Counseling the Client on the Community Spouse Resource Allowance (with Forms), The Practical Lawyer, 1990.

Despite Medicaid Transfer Restrictions, the Home May Still Be Kept in the Family, Estate Planning, 1990.

Using Special Powers in Medicaid Trusts, Probate & Property, 1990.

Using Reserved Special Powers of Appointment in Medicaid Planning, The ElderLaw Report, 1990.

Despite Medicaid Transfer Restrictions, Late Transfers Can Save the Home, The Briefcase, 1990.

An Irrevocable Grantor Trust Can Assure Eligibility for Medicaid, Estate Planning, 1989.