Last week I gave a presentation to Weymouth parents of special needs young adults, and from our conversation, it was clear that the school system was telling them that when a special needs child turns 18, the family must obtain a guardianship. As I’ve written elsewhere, this costs money, involves lawyers, and requires...
Continue reading…
Why Should My Elder Law Attorney Draft My Health Care Proxy? I Have the Form from the Hospital.
Massachusetts hospitals hand patients a two-page Health Care Proxy form that was developed in 1999 and does not accommodate for changes in the law since then or for issues pertinent to elders.
You probably have signed a "HIPAA" form by now at your doctor's office. This form allows the doctor's office to share your confidential information with...
Continue reading…
It Just Got More Expensive to Ignore Your Estate Planning in Massachusetts
As part of your estate planning work, your attorney will prepare a Durable Power of Attorney and Health Care Proxy. These documents are critical to allow another person whom you appoint to legally care for you when you are unable to manage your own affairs, for example, if you are in a car...
Continue reading…
April 16 is National Healthcare Decisions Day – Time to Sign that Health Care Proxy
Who even knew we had a National Healthcare Decisions Day? But what better time to get that Health Care Proxy in order. That’s the document that allows another person to make healthcare decisions for you when you cannot make or communicate them yourself. Without a Health Care Proxy in place, if you can’t...
Continue reading…
“Do Your Documents” Now – and Avoid Guardianship Later
Imagine… you grow older and your memory starts to go. You fall and sustain and injury requiring surgery, and the anesthesia corrupts your mind to the point that you can’t handle finances, make decisions, or even participate meaningfully in your health care. If you didn’t execute a Durable Power of Attorney and Health Care...
Continue reading…
Who Should We Name as Guardian (or Power of Attorney or Health Care Proxy) for Our Special Needs Child?
As your special needs child turns 18, you need to name advocates to act as her voice on financial, legal, and health care matters. See my post on the need for a guardianship or a Durable Power of Attorney and Health Care Proxy.
The big question is who to name to act as the...
Continue reading…
Oh My Gosh, My Special Needs Child is About to Become a Legal Adult!
Knowing that your special needs child is about to become “of majority age” can strike fear in the heart. If you doubt your child’s ability to make her own financial, legal, and health care decisions, there are a few things you need to do before she turns 18. (If she is already 18 or...
Continue reading…