AVOID GUARDIANSHIP AND CONSERVATORSHIP.
At Lannik Law, we have a well-deserved reputation in Newton and the surrounding communities, for being the go-to law firm for all matters related to estate planning. Our goal is to build an estate plan that outlines, and protects, your wishes both during and after your lifetime. We have more than 30 years of experience in developing estate plans that comprehensively address all issues related to your ongoing health care, management of finances and distribution of assets upon your death.
An essential building block of a comprehensive estate plan, a durable power of attorney, entrusts management of your finances to someone of your choosing, when you are not able to do so on your own due to physical or mental incapacity. It can confer as much, or as little, decision-making power as you would like and specifically outline your wishes, which must be followed.
There are two kinds of durable powers of attorney under Massachusetts law:
- Present durable powers of attorney, which transfers the outlined decision-making powers immediately; and
- Springing durable powers of attorney, which transfers decision-making powers in the event of a future incapacitation.
Without a validly drafted power of attorney, it is necessary for your loved ones to seek a guardianship or conservatorship in Probate Court to take care of these matters. Not only is this process time-consuming and costly — in some cases, the court may ultimately appoint a stranger to make these personal decisions on your behalf. Issuing a power of attorney allows you to assert control over your future circumstances.Our lawyer can also assist with issuing a health care power of attorney, which grants decision-making power over medical and long-term care decisions in conjunction with a living will.