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Power Of Attorney

Power Of Attorney Lawyer In Worcester Offering Help For Critical Decisions

It is difficult to imagine being incapacitated and unable to manage your affairs. For this reason, many people put off estate planning and appointing a power of attorney. But if something does happen to you and you don’t have a power of attorney, your wishes may not be upheld. You could subject your family to preventable lawsuits and conflict. If you want to appoint a power of attorney who can help with the probate court, financial affairs, and principal decisions, call the Law Office of Polly Tatum at (508) 795-1557(508) 795-1557 for your legal needs. We offer consultations.

What Is Power Of Attorney?

The term “power of attorney” can create confusion. In this use of the word “attorney,” it simply means someone that you’ve designated to act on your behalf. The person you choose for this role can be anyone that you trust, often a relative or a close friend.

A power of attorney is someone that you designate to make decisions on your behalf. You specify ahead of time when a power of attorney can make decisions for you and what type of decisions they can make. Often, a power of attorney steps in:

  • If you are unable to make decisions for yourself after a medical emergency, such as an illness, injury, or accident;
  • When you cannot be contacted or are unreachable, i.e., traveling overseas or serving in the military; or
  • For any period or circumstance that you specify beforehand.

You should put some thought into choosing your power of attorney. You want someone who will follow your wishes and understands what you want. You also want someone who can cope with stressful situations and won’t bow down to pressure from others.

What Are The Different Types Of Power Of Attorney?

There are several different types of power of attorney. Each type has a different scope and area of decision-making.

Medical Power Of Attorney

If you are incapacitated, your medical power of attorney makes healthcare decisions for you. That could include pursuing or refusing certain treatments, surgery, and options for end-of-life care. Your medical power of attorney will also choose where you live if you need ongoing care, such as a skilled nursing facility.

Financial Power Of Attorney

A financial power of attorney has the authority to handle all aspects of your finances if you cannot. This person would be responsible for duties like paying your bills, accessing your bank accounts, purchasing insurance, and making investments.

Your medical power of attorney and financial power of attorney can be the same person, or you can appoint a different individual for each role.

Durable Power Of Attorney

“Durable power of attorney” is an umbrella term used to describe any durable powers of attorney who will act on your behalf if you become incapacitated. State law requires that specific language must be used when designating a durable power of attorney. This language is outlined in Mass. Gen. Law Chapter 190B § 5-501. For many people, a durable power of attorney makes the most sense because incapacitation is exactly when you would need them to step in.

Springing Power Of Attorney

“Springing power of attorney” is another umbrella term. This type of power of attorney “springs” into effectiveness after a designated event, such as a future date or a specified circumstance.

Many people first think about a power of attorney during a life change such as a divorce or a military deployment. The fact is, all adults should consider designating a power of attorney, no matter their age or health status. Planning ensures that your wishes are carried out and prevents the courts from stepping in. You may also find that a power of attorney is a wise choice if you believe that your next-of-kin would not make the same choices as you would.

How Can A Worcester Power Of Attorney Help?

Estate planning is complex. Most individuals will benefit from a lawyer’s expertise and experience. A power of attorney lawyer can help you:

  • Limit the scope of your power of attorney so you protect yourself and your assets
  • Decide which type is right for you, your family, and your situation
  • Revoke or change your power of attorney
  • Choose the right person to be your power of attorney. This is a personal decision, and it is yours alone to make.
  • However, an experienced lawyer has seen many different powers of attorney play out. They can help identify possible conflicts of interest.
  • Ensure that your power of attorney documents are complete, legally valid, and enforceable.

When you’re ready to designate a power of attorney or just have questions, you’ll need to find the right lawyer.

Do You Need Help Finding The Best Power Of Attorney Lawyer?

Many estate planning law firms handle powers of attorney, but not all do it well. We have experience with both basic and complex situations. We’ll ask the right questions and look at your circumstances as a whole. Designating a power of attorney is one of the most important decisions you can make. We will guide you through the entire process in a consultation so that you have peace of mind. Contact our elder law lawyers at The Law Office of Polly Tatum and call (508) 795-1557(508) 795-1557 today to make sure your estate plan is complete.

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Frequently Asked Questions About Power Of Attorney in Worcester, Massachusetts

Estate planning lawyers can help you with a wide variety of legal matters, including wills, trusts, probate, and estate administration.

An elder law attorney can help with any legal issues that come up with regard to yourself as you age or an older loved one. These issues can include things like planning how to pay for long-term care, making sure that long-term care is appropriate and that no abuse or neglect is occurring, and helping with things like trusts that can ensure our elderly loved ones are provided for.

While a will can take care of some very basic aspects of your estate, like distribution of some assets and guardianship of minor children, it cannot do things like designate a trusted person to make medical or financial decisions for you if you are unable, make your wishes known as to your medical care at the end of life, or provide managed financial benefits for special needs family members, for example. A will is essential, but it is rarely enough to take care of things should you become incapacitated or die.

The cost of hiring an attorney depends on the type of case you have and the amount of work that is required. In most cases, we offer a consultation so that you can get an estimate of the cost of our services. Contact us today to schedule a consultation.

Medicare is a government-funded insurance program that covers some or all of the costs of certain medical procedures for qualified participants (generally, the elderly or disabled). Medicare does not cover the costs of long-term care. Medicaid, on the other hand, is a government entitlement program that can cover the costs of long-term care for those who meet certain income and asset qualifications.

Medicaid eligibility planning is best started long before anyone in your family needs long-term care, but even if that planning has not been done in advance, there are some ways to make eligibility more likely while still protecting the assets of a spouse who does not need long-term care, for example. Contact our office, even if you think you won’t qualify for Medicaid. We may have options to suggest.

An estate plan is important because it allows you to control what happens to your property and assets after your death. Without an estate plan, the court will decide how your property is distributed, which may not be in accordance with your wishes. An estate plan can also help you avoid probate, which is a costly and time-consuming process.

The Law Office of Polly Tatum is an experienced team who is ready to help you. Our firm has a wide range of experience in estate planning, probate and trust administration, elder law, and divorce and elder mediation. An experienced law firm with a good track record can help you get the legal help you deserve.

Parents can name a guardian for their minor children in their will. This designation becomes effective upon the parents’ death, subject to court approval. Massachusetts law outlines the process for appointing a guardian, a crucial task for ensuring that someone you trust will care for your children if you pass away.

Massachusetts imposes an estate tax on estates exceeding $1 million. The tax rate varies depending on the size of the estate. Proper estate planning, including the use of trusts and charitable donations, can help minimize estate taxes and preserve more of your wealth for your heirs.

Health care directives, including living wills and healthcare proxies, are legal documents that communicate your medical care preferences if you become unable to make decisions yourself. Under Massachusetts General Laws Chapter 201D, a health care proxy allows you to appoint someone to make healthcare decisions on your behalf, aligning your medical treatment with your wishes.

A power of attorney (POA) is a document that allows you to appoint someone to make financial and legal decisions on your behalf if you become incapacitated. Massachusetts law provides for durable power of attorney, which remains effective even if you become mentally incapacitated, ensuring that the person you designate will manage your affairs according to your wishes.

Probate, governed by the Massachusetts Uniform Probate Code (Chapter 190B) is the legal process of validating a will, settling debts, and distributing the deceased’s estate. The process can be simplified for smaller estates, but generally involves filing the will with the local probate court, notifying heirs and creditors, and distributing the estate according to the will or state law.

Trusts are legal arrangements where a trustee holds and manages assets on behalf of beneficiaries. Massachusetts law allows for various types of trusts, including revocable and irrevocable trusts. Trusts can help manage and protect assets, avoid probate, and potentially reduce estate taxes.

A will is a legal document that allows you to specify how your assets will be distributed after your death. In Massachusetts, if you die without a will, your estate will be distributed according to the state’s intestacy laws. A will honors your wishes helps minimize disputes among heirs.

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