There may come a point in time where you need medical care but are unable to speak for yourself. If you are incapacitated, it is important not only to name an agent who can make these decisions on your behalf based on your state’s rules, but also that you have documented your specific health care wishes. If you do not document your health care wishes in writing, this can become especially problematic in the following ways:
- Someone who is unfamiliar with your personal preferences might be placed in charge of these important treatment decisions.
- Your family members may be unable to come to terms of agreement on who should make medical decisions for you, prompting legal disputes that could also delay the care you need.
- Your family might have to step away during this challenging time to go through a time consuming and expensive court process to get legal rights to make decisions for you, known as conservatorship or guardianship.
A healthcare proxy document is recommended to provide additional guidance around your medical preferences. At the same time, this can work in conjunction with your power of attorney document to allow a trusted individual to make non-medical decisions on your behalf too. Make sure that you have a conversation with an experienced estate planning lawyer about documenting these wishes and making sure they are followed.
Since there might come a time in the future when someone else needs to make these important decisions for you, the right time to create these documents is now, well before you need them. Talk to a Massachusetts estate planning attorney for further information.
