No estate plan is complete without documents that protect you during your lifetime. A healthcare proxy, living will, and durable power of attorney ensure that someone you trust can make medical and financial decisions on your behalf if you become unable to do so. At Merrimack Valley Estate Planning Center, we prepare these essential documents for individuals and families throughout Methuen and the Merrimack Valley.
A healthcare proxy (also known as a healthcare power of attorney) is a legal document that designates a trusted individual — your "health care agent" — to make medical decisions on your behalf if you are unable to communicate your own wishes. Under Massachusetts General Laws Chapter 201D, any competent adult can execute a healthcare proxy.
Your health care agent has the authority to consent to or refuse medical treatment on your behalf, access your medical records, consult with your doctors and care team, make decisions about life-sustaining treatment, and choose healthcare facilities and providers. It is critical to choose an agent who understands your values and is willing to advocate for your wishes, even under difficult circumstances. We also recommend naming a successor agent in case your primary choice is unavailable when needed.
While Massachusetts does not have a specific living will statute, the state's courts have recognized the right of individuals to express their wishes regarding end-of-life care in advance directive documents. A living will (sometimes called a "directive to physicians") allows you to document your preferences for medical treatment in situations where you are terminally ill, permanently unconscious, or in an irreversible condition.
Common directives include your wishes regarding artificial nutrition and hydration, mechanical ventilation and life support, resuscitation (CPR) preferences, comfort care and palliative measures, and organ and tissue donation. A living will works in conjunction with your healthcare proxy. While the healthcare proxy empowers a person to make decisions, the living will provides that person — and your medical team — with written guidance about your specific preferences.
The Health Insurance Portability and Accountability Act (HIPAA) restricts who can access your medical information. Even a spouse or adult child may be denied access to your medical records without proper authorization. We include a HIPAA authorization with every healthcare proxy we prepare, ensuring that your designated agents and family members can communicate with your healthcare providers, access your medical records and test results, and participate in treatment discussions and care planning. Without this document, your loved ones may face frustrating delays in obtaining critical medical information during an emergency.
A durable power of attorney is a legal document that authorizes a trusted person (your "agent" or "attorney-in-fact") to manage your financial affairs if you are unable to do so. The word "durable" means the authority survives your incapacity — without this feature, a standard power of attorney becomes invalid precisely when you need it most.
Your financial agent can pay bills and manage bank accounts, file tax returns, manage investment accounts, handle real estate transactions, apply for government benefits, oversee business operations, and manage insurance policies. Massachusetts allows you to grant broad or limited powers, and you can include specific provisions tailored to your situation. We draft durable powers of attorney with appropriate safeguards, including provisions that require the agent to keep accurate records, prohibit self-dealing, and allow for successor agents if the primary agent is unable to serve.
Many people assume these documents are only necessary for the elderly, but incapacity can strike at any age. Every adult over 18 should have a healthcare proxy and durable power of attorney in place. Without these documents, if you become incapacitated, your family will need to petition the Probate and Family Court for a guardianship (for medical decisions) or conservatorship (for financial decisions). This process is time-consuming, expensive, public, and emotionally burdensome — and the court may appoint someone you would not have chosen.
We serve individuals and families in Methuen, Lawrence, Andover, North Andover, Haverhill, Lowell, Dracut, Tewksbury, and throughout the Merrimack Valley. Consultations are available in English and Spanish.
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