Worcester Power of Attorney and Health Care Proxy
Every estate plan should include a power of attorney and a health care proxy. Should you become incapacitated, these documents communicate your wishes for your finances and medical care, and appoint the person(s) you want to make these important decisions. They will also help your loved ones avoid the challenging and costly process of obtaining a guardianship or conservatorship.
I am Nicholas W. Daviau, and I established my Worcester firm Daviau Law Offices, PC, to meet the legal needs of people throughout Massachusetts in a personalized and cost-effective manner. I am committed to helping you create documents that protect your rights and ensure that your wishes are carried out if you are unable to make decisions for yourself.
Powerful Documents to Communicate Your Wishes
No one likes to think about the day when he or she may be unable to make critical decisions regarding finances and medical care. Unfortunately, circumstances arise in which you may be unable to communicate your wishes. That is why it is so important to have a power of attorney and a health care proxy in place.
Power of attorney: A power of attorney is a document that allows another person to handle your financial affairs if you are incapacitated. There are two types of durable powers of attorney. One is immediate and goes into effect the moment it is signed, allowing both the principal and the agent to act at the same time. A springing power of attorney goes into effect only when you are incapacitated as declared by a physician.
Health care proxy: With a health care proxy, you will appoint a person to make decisions on your behalf regarding your medical care. In the health care proxy, you will indicate the decisions that you would like to be made about treatments and lifesaving measures such as a do not resuscitate order or your decision to terminate life support.
If you do not have a power of attorney or health care proxy and you become incapacitated, your loved ones will be forced to petition the probate court to become your guardian or conservator to enable them to make decisions about your health and finances. This is a costly process that can easily be avoided through effective preplanning.
Health care proxies and powers of attorney are designed to help a person avoid the need for a conservator or guardian. Creating these documents is inexpensive and private, and could alleviate hours of aggravation and significant expense for your loved ones.