Durable Powers Of Attorney
If you become incapacitated and unable to make your own decisions regarding medical care, you want someone who you trust to be able to make those decisions on your behalf. In Massachusetts, this is known as establishing a health care proxy.
It is also advisable to create a legal document explaining the types of medical treatment that you want or don’t want to receive in case you are unable to communicate those wishes at the time you are being treated. This is frequently referred to as a living will.
In addition to health care decisions, it is necessary to name someone who can act on your behalf regarding financial, business and legal concerns in the event that you are unable to make those decisions on your own. This is known as establishing durable power of attorney.
These are three distinct documents that accomplish three different things. It is smart to create all three. The Law Offices of Nelson Chang in Saugus helps individuals establish all of these legal documents as part of its comprehensive estate planning services.
Living Wills In Massachusetts
Massachusetts is one of three states that does not have a statute recognizing living wills. However, this does not prevent you from creating one and having your health care wishes carried out in the event that you become incapacitated. The state does recognize the decision-making authority of a health care proxy, and who can use your living will as a guide for making medical decisions.
It should be noted that Massachusetts law prohibits an individual from making health care decisions for you if that person is an operator, administrator or employee of a facility where you are a patient unless that person is related to you by blood, marriage or adoption.
As with an estate plan in general, these important documents should be created by any adult regardless of age or health status. Knowing that your wishes will be followed in the event you cannot make your own health care or financial decisions provides a peace of mind that can only be understood once you have established it.
Speak With An Experienced Estate Planning Lawyer About Health Care Directives
I can answer your questions regarding living wills, health care proxies and durable powers of attorney during a free, no-obligation consultation. Contact me online to schedule an appointment.