One of the most personal parts of estate planning is deciding who will step in to make decisions for you or manage things when you can’t. These people, your fiduciaries, are trusted to act in your best interest (and your family’s). Whether it’s handling finances during incapacity, making medical decisions, settling your estate after death, or caring for young children, choosing the right people can make a significant difference in avoiding stress, delays, or family tension.

In Massachusetts, the law sets clear standards: fiduciaries must act responsibly, honestly, and always put your (or your beneficiaries’) interests first. Here’s a breakdown of the key roles, what they involve, and tips for choosing the right people. We’ll cover practical options like naming successors (one after another) or joint appointments, plus why we often recommend a “successive” order for most roles.

Attorney-in-Fact under Your Durable Power of Attorney (POA)

This person steps in to manage your financial and legal matters, like paying bills, handling bank accounts, or selling property, if you’re incapacitated and can’t do it yourself. The “durable” part means the power continues even if you’re unable to make decisions.

• Key tip: Banks and other institutions can sometimes push back on joint appointments (where multiple people must agree or can act separately). For smoother access, we usually recommend naming people in a successive order: primary first, then backups if the primary can’t serve.
• Common choice: Start with your spouse as primary (if they’re healthy and willing), then list adult children or trusted friends or family as successors.
• If spouse’s health is a concern: Skip to children or others directly as primary.
• Options for how they serve: Successive (one after the other—our top recommendation), jointly all must agree, jointly either can act, or majority vote.
• Why successors matter: Life happens, illness, travel, or conflicts, so backups keep things moving without court involvement.

Health Care Agent under Your Health Care Proxy

Your Health Care Proxy names someone to make medical decisions if you’re unable to speak for yourself. This includes treatments, hospitals, or end-of-life choices based on what they know you’d want.

• Common choice: Spouse first (if appropriate), with alternates like adult children, other family members, or trustworthy friends.
• Options for how they serve: Successive order (recommended to avoid confusion), jointly either can act (often works well for flexibility), or jointly all must agree.
• Joint with either able to act: This gives quick decision-making in emergencies and typically does not cause a problem.
• If spouse’s health is uncertain: Name children or trusted others as primary.
• Important reminder: Talk openly with your agent about your values and wishes—Massachusetts law lets you include instructions in the document to guide them.

Personal Representative under Your Will (Formerly Called Executor)

In Massachusetts, the Personal Representative handles your probate estate after death: gathering assets, paying debts/taxes, and distributing what’s left according to your Will. If probate is needed, they manage that process.

• Common choice: Spouse first (if appropriate), with alternates like adult children, other family members, or trustworthy friends.
• Options for how they serve: Successive order (our usual recommendation), jointly either can act (often fine), majority vote, or all must agree.
• If spouse’s health is a concern: Go straight to children, trusted family members, or friends.
• Who can serve: Must be at least 18 and mentally competent; they have a fiduciary duty to act in the estate’s best interest under Massachusetts law.
• Pro tip: Choose someone organized, trustworthy, and responsible.

Trustees under Your Revocable Living Trust (RLT)

A Revocable Living Trust lets you manage assets now and avoids probate later. You (and often your spouse) serve as initial Trustee(s). Successors take over if you become incapacitated or pass away.

• Common choice: You and/or your spouse as Trustees during life; spouse as primary successor, then children or others.
• Options for how they serve: Successive for successors (recommended), or joint (either can act is usually okay).
• If spouse’s health is a concern: Go straight to children, trusted family members, or friends.
• Why it matters: Trustees handle investments, distributions, and taxes—pick people who are reliable and get along well.

Trustees under an Irrevocable Medicaid Asset Protection Trust (MAPT)

This trust helps protect assets for potential future Medicaid eligibility in Massachusetts (for long-term care), typically for clients who are age 65 and over.  You should not serve as your own Trustee on this type of irrevocable trust. Doing so could jeopardize asset protection and result in Medicaid disqualification.

• Common choice: Name adult children or trusted non-spouse family/friends as joint Trustees.
• Best option for protection: Jointly, with all must agree—this requires collective decisions and strengthens safeguards under Massachusetts rules.
• Avoid: Jointly, either can act independently, as it may weaken protection.

Guardian for Minor Children (A Special Role)

If you have young children, nominating a guardian is one of the most important decisions you’ll make. In Massachusetts, you name your preferred guardian in your Will (or a separate nomination document). The Probate and Family Court reviews it and appoints based on the child’s best interests, but courts give strong weight to your choice.

• Who to choose: Think about someone loving, stable, and willing to raise your children—often a family member like a sibling, parent, or close friend. Consider values, location, and parenting style.
• Primary and backups: Name a primary guardian, plus alternates in case the first can’t serve (successive order works well).
• What if you don’t name one? The court decides, which can lead to delays or someone you wouldn’t have chosen.
• Extra step: Talk to your nominees first—make sure they’re willing and understand the responsibility.

Putting It All Together: Tips for Choosing the Right People

• Start with trust and reliability: Pick honest, responsible people who share your values, communicate well, and can handle responsibility without drama.
• Consider location and availability: Someone nearby can act faster in emergencies.
• Don’t overload one person: Spreading roles (different people for finances vs. health) can help prevent burnout unless you know they are up to the task.
• Name backups: Always include successors—life changes quickly.
• Review regularly: Update names as circumstances shift (divorce, moves, health issues).

Choosing fiduciaries is about peace of mind—knowing you and your loved ones are protected, and your wishes are clear. If you’re ready to review or update your plan, contact our office today. We’re here to guide you through every step so your family stays secure.