It can be important to document what kinds of care you want to receive and who is eligible to make decisions on your behalf if you are unable to do so. Your health care documents can take effect if your doctor determines that you lack the capacity to make your own health care decisions.
Working with an Estate Attorney
This is why it is extremely important to work directly with a knowledgeable estate attorney to ensure that you have covered all of your bases. Lacking capacity typically means that:
- You are unable to understand the consequences and nature of your health care choices.
- You are no longer able to effectively communicate wishes for your care orally or in writing.
Lacking Capacity for Health Care Decisions
If you are so injured or ill that you are unable to express your own health care wishes, your existing estate planning documents will immediately spring into effect. Your appointed health care agent or your doctor will also assist if there is some question about your ability to communicate clearly and understand your treatment choices. In certain states you may be able to give your health care agent the ability to manage your health care decisions right away. This does not give your agent the authority to make decisions that override the treatment that you wish to receive.
Working with an Experienced Estate Lawyer in Massachusetts
So long as you are able to speak for yourself, you are able to dictate your own medical care. Because there are so many complex issues at play when it comes to medical documents and medical decision making, it is important to choose a person you trust to serve in these roles. Contacting an experienced and dedicated estate lawyer today is one of the best ways to get started with this process.
