Estate Planning for your Lifetime: Power of Attorney and Health Care Proxy
Power of Attorney:
What happens if a person suffers a life altering injury or an illness like Alzheimer's, and they become unable to communicate informed decisions? Banks, financial institutions and other third parties won't allow access to assets unless someone has authority to speak for you.
With Durable Power of Attorney ("POA") you designate a person to manage your real estate, bank accounts and other assets. Without the POA, your family would need a Probate Court Conservatorship authority to manage your financial and business affairs. POA saves your family from having to go to Court. Carefully choose the right person. This video explains how your choice can have profound effects on how your estate is managed:
Estate Planning Client Review for Attorney Roberts: He also prepared the Power of Attorney and Deed that allowed my father to keep all assets.
Health Care Proxy:
The person you designate as “Agent” in your Health Care Proxy has authority over your health care and treatment if you cannot speak for yourself. Without a Health Care Proxy, your family would need to petition the Probate Court for Guardianship in order to talk with hospitals and doctors about your care.
Massachusetts law says you can appoint a Health Care Agent who will have authority to make any and all health care decisions on your behalf, including decisions about life-sustaining treatment.
With a Consolidated Health Care Instructions & Advance Directives document, Connecticut law gives you the opportunity to list your health care instructions, appoint of a Health Care Representative, and designate a conservator to manage your affairs if you become incapacitated at some time in the future. Connecticut law says you can direct any aspect of your health care, including the withholding or withdrawal of life support systems.
You should update these documents every few years. Your circumstances can change, and you may want to limit the authority of your Health Care Agent as explained in this video about cases where a limit on Agent authority could have protected the patient:
To update your documents, call: (413) 567-5600.
Download Resources to plan Health Care Proxy and End of Life decisions:
Tani Bahti, RN: Bury the Top 10 Myths About the Dying Process
What Matters to Me Workbook from The Conversation Project
Massachusetts Medical Orders For Life-Sustaining Treatment and MOLST form to review with your physician.
Pick the best person to manage your financial affairs and assets:
Power of Attorney Selection Checklist