Massachusetts Estate Planning & Asset Protection Blog

Massachusetts Elder Law Attorney | The Need for Advanced Medical Directives Made Clear

Posted by Massachusetts Estate Planning & Elder Law Attorney, Dennis B. Sullivan, Esq., CPA, LLM on Fri, Jan 25, 2013

elder law, power of attorney, health care proxyThe following case study is designed to illustrate the importance of having up to date health care and disability documents.  As part of every estate plan, one should have the documents necessary to allow family members to make your health care and financial decisions if you are ever rendered unable to do so.  If you do not have the proper disability documents, you and your family will be forced to spend wait until the court process is complete to get a guardian and conservator appointed.  This can take considerable time and cost your family thousands of dollars.


            Mrs. Henry. Case Study

Mrs. Henry came to our office with a major issue.  Her husband, Mr. Henry, had slipped and hit his head very hard one night.  Ever since the fall, Mrs. Henry told us, her husband had been in a persistent vegetative state for nearly 3 months.  Mr. Henry, an engineer in his 60’s, had not executed the proper health care and disability documents prior to his fall and as a result, Mrs. Henry was not allowed to make any decisions or take any actions on behalf of her husband.  Important medical decisions were being left up to a team of doctors who had never met Mr. Henry and had no inkling of what he would have wanted.  Mrs. Henry wanted to be able to make decisions on her husband’s behalf.

After listening to this tragic story, we informed Mrs. Henry that the only thing we could do at this point was file to have her appointed as guardian and conservator for her husband.  The process would involve the preparation of detailed forms and then going to Court to file the documents and plead the case before a judge.  We would also be required to make sure all the forms will completed properly, so that the court would accept them.  The filing would also result in sensitive private information, like medical records and financial information, being made public record through the Court.

The process for getting Mrs. Henry appointed as guardian and conservator took several weeks and several court appearances.  Like most people, Mrs. Henry and her family were unaware of this lengthy legal process, which can be completely avoided by having the right documents.   If Mr. Henry had simply signed the appropriate paperwork, Mrs. Henry would have been able to immediately collaborate with her husband’s doctors on all necessary decisions.  Instead, she was forced to spend unnecessary time and money getting herself appointed as guardian and conservator so that she could get Mr. Henry moved to a facility that offered the appropriate level of care so he could begin his rehabilitation and recovery.

At the estate Planning & Asset Protection Law Center proper health care and disability documents are included with every estate plan.  This ensures that our clients leave our office with the peace of mind of knowing that should an unspeakable tragedy occur, like the one that Mr. & Mrs. Henry are enduring, their family will be able to make important decisions without the need to go to Court and without wasting time and money.  We even provide a service through which our clients’ emergency contact information as well as important disability documents are available to them 24/7.  No matter where they are or when something happens, knowing who to contact in an emergency and finding and accessing their crucial documents will not be an issue.  Many hospitals and financial institutions in the refuse to accept health care and disability documents that are more than one year old.  In response, we offer clients membership in our unique Lifetime Protection Program which helps them ensure their documents will be up to date and available when needed.  Members of the Lifetime Protection Program have their entire estate plan reviewed by our team of dedicated, caring professionals to ensure that the entire plan is still working towards accomplishing their goals, even in the face of ever changing laws and personal circumstances.

For more information on the critical importance of having up to date health care and disability documents or on how our team of professionals and our unique education and counseling process can help you and your family, please call our office at (781) 237-2815.

You Could Lose Everything  Unless You Act Now

Tags: Estate Planning, Elder Law, HIPAA, durable power of attorney, Health Care, health care proxy, power of attorney, advanced directives

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