Our health care proxy attorneys can assist you with the important task of creating a Massachusetts health care proxy. A Power of Attorney for Health Care (or a health care proxy) is a legal document, which names the person you want to act as your health care agent when needed. This appointed person will then make the required health care decisions for you and see that physicians and other medical providers give you the type of care you would request if you had the ability to do so.
It’s not a pleasant task to spend time contemplating what might happen if you lose the ability to make your own health care decisions because of illness, an accident, or advanced age. It’s important, however, to do this kind of planning when you have the capacity to do so. Two actions — having a written record of what kinds of medical treatments you do or don’t want and naming someone you trust to oversee your health care go a long way in handling this.
Making your Power of Attorney for Health Care effective immediately does not mean that you give up all rights to determine the nature of your medical care while you’re still of sound mind and body. You will continue to dictate your own health care as long as you have the ability to do so. Even if and when you lose that ability, your health care agent must act in your best interests and make every effort to follow your written wishes. Having a Power of Attorney for Health Care is insurance that your health care preferences will be executed.
If you would like to create a health care proxy in Massachusetts, contact Simmons & Schiavo.
There are four types of Power of Attorneys. Your choice will depend on how much authority you wish to grant your agent, when he or she will begin acting for you, and when you want that authority terminated. The four types of Powers of Attorney in Massachusetts are:
Limited Power of Attorney — for a limited time period
General Power of Attorney — allows someone to take over generally
Durable Power of Attorney — continues even after you become incapacitated
Springing Power of Attorney — effective if you become incapacitated and defining what events constitute the state of incapacitation
An experienced attorney at our firm can go over these types of POA with you so that you can make an informed decision about your Power of Attorney.
The person you wish to act in your behalf becomes your “Agent” or “Attorney-in-Fact.” He or she may be authorized to do very simple tasks such as writing checks for you or very complex jobs such as selling your house or running your business. The Power of Attorney can also be of very general nature, giving your Agent the authority to do everything you would normally do or it can be for one specific purpose or task only, such as selling a property or vehicle.
You can name anyone to be your Agent in the Power of Attorney. Most often, it’s a trusted family member or friend.
There’s more to estate planning than just establishing who is going to get your money and property through a will or trust. You may need someone to oversee your legal or business affairs if you become unable to do so through illness, disability, of some other form of incapacitation. Our attorneys can assist you in drawing up such a document to specifically fit your needs.
If you need a Power of Attorney in Massachusetts, contact Simmons & Schiavo.