Massachusetts Incapacity Planning Attorneys

At Silveri + Wilson, a dedicated Massachusetts estate planning law firm, we understand the importance of preparing for life’s uncertainties. Incapacity planning ensures that your financial, medical, and personal decisions remain in trusted hands if you cannot make them yourself. Our experienced attorneys provide tailored solutions, including the preparation of Powers of Attorney, Health Care Proxies, HIPAA Authorizations, Living Wills, and Revocable Living Trusts, to ensure security and confidence for you and your loved ones. To start the conversation today, book a call online, call us at 978-767-8540, or email us.

What is Incapacity Planning?

Incapacity planning involves creating legal documents that designate trusted individuals to manage your affairs if you become mentally or physically unable to do so. Incapacity can happen unexpectedly due to illness, injury, or aging. A well-crafted plan protects your assets, ensures your medical wishes are honored, and spares your family from difficult decisions or guardianship or conservatorship proceedings.

Key Incapacity Planning Documents

Below is a list of the key incapacity documents:

  • Durable Power of Attorney

    A Durable Power of Attorney appoints a trusted individual, known as your attorney-in-fact, to manage your financial and day-to-day affairs if you become incapacitated. This document can cover tasks like paying bills, managing investments, handling bank accounts, dealing with real estate transactions, and other financial responsibilities. In Massachusetts, a Durable Power of Attorney remains effective even after incapacity, provided it’s properly drafted. Our attorneys customize this document to reflect your specific needs, ensuring your agent has the authority necessary to act.

  • Health Care Proxy

    A Health Care Proxy designates a person to make medical decisions on your behalf if you cannot communicate. This trusted agent works with healthcare providers to ensure your treatment aligns with your values and preferences. Massachusetts law requires a Health Care Proxy to be signed by you and witnessed by two adults who are not named as agents. Silveri + Wilson helps you craft a clear, legally sound document to guide medical decisions during critical moments.

  • HIPAA Authorization

    A HIPAA Authorization allows designated individuals to access your protected health information. This document is essential for enabling your loved ones or agents to communicate with doctors, review medical records, or make informed decisions about your care. Without a HIPAA Authorization, federal privacy laws under the Health Insurance Portability and Accountability Act may restrict access to vital information. Our firm ensures your HIPAA Authorization is comprehensive, facilitating seamless coordination between your healthcare team and those you trust.

  • Living Will

    A Living Will outlines your preferences for end-of-life care, such as whether you wish to receive life-sustaining treatments like artificial nutrition or ventilation. A Living Will applies in situations where you have a terminal condition or you are in a vegetative state, and your death is imminent. While not legally binding in Massachusetts, a Living Will serves as a critical guide for your Health Care Proxy and medical providers, reducing uncertainty during emotionally challenging times.

  • Living Trusts

    Living Trusts are powerful tools for managing assets during your lifetime and beyond, including during incapacity. By placing assets in a Revocable Living Trust, you maintain control as the trustee while naming a successor trustee to step in if you become incapacitated (or when you pass away). This seamless transition avoids the need for court-appointed guardianship, saving time and expense. For example, suppose you’re unable to manage your finances. In that case, your successor trustee can pay bills, manage investments, or distribute trust assets according to your instructions.

Start Your Estate Plan Today

With extensive knowledge of Massachusetts law and a personalized approach, we ensure your incapacity plan reflects your unique needs. Our attorneys take the time to listen to your goals, assess your family dynamics, and tailor documents to your unique situation. Don’t wait to plan for the unexpected. A comprehensive incapacity plan ensures your wishes are honored and your family is supported.

Contact Silveri + Wilson to schedule a consultation with our Massachusetts estate planning attorneys. No matter the size or complexity of your estate, Silveri + Wilson is here to create a customized estate plan that evolves with your life. Protect your assets, secure your future, and gain confidence in your legacy. To start the conversation today, book a call online, call us at 978-767-8540, or email us.

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Begin your Estate Plan today. Call (978) 767-8540, email us, or schedule online.
Begin your Estate Plan today.
Call (978) 767-8540 or email us.