As medical resources improve, people live longer lives and have a higher risk of outliving their ability to make informed decisions for themselves. In such cases, a Guardian or Conservator may have to be appointed for you by the Probate Court to manage your affairs. Typically you can avoid this with a Durable Power of Attorney and Health Care Proxy.
What is a Durable Power of Attorney?
In a Durable Power of Attorney, you authorize someone (the “Attorney-in-Fact”) to act for you legally and financially. This is helpful to avoid a conservatorship in the event that you are ever unable to manage your affairs yourself. The Durable Power of Attorney can be limited to a certain situation, but typically it is effective immediately and gives the Attorney-in-Fact many of the rights and powers that you have yourself. It is important to name someone you trust completely. Although the people you name are fiduciaries and must act in your best interest, they can act without giving you advance notice. You can revoke your durable power of attorney at any time.
What is a Health Care Proxy?
A Health Care Proxy is a document in which you name someone (the “Health Care Agent” or “Proxy”) to make health care decisions for you if you are unable to make or communicate them yourself. If you don’t have a Health Care Proxy, a Guardian has to be appointed to make decisions for you. Your Health Care Agent has a duty to follow your wishes, even if the Agent does not agree with them. If your Agent does not know your wishes, the Agent can decide what is in your best interest.
What is a Living Will?
A Living Will (also called an Advance Directive) is a document in which you express your wishes concerning your medical treatment in certain medical situations. Although it is not binding in Massachusetts, it is evidence of your wishes with respect to your medical treatment.