Power of Attorney Lawyer in Needham, MA 

Powers of Attorney: Your Shield Against Incapacity

In the realm of elder law, the Power of Attorney (POA) is arguably the most important document you can create. It is your shield; if you ever become unable to manage your own affairs, due to an accident, sudden illness, long-distance travel, or gradual decline, someone you trust explicitly is legally authorized to step into your shoes.

At Lannik Law, we help clients across the Greater Boston area, Cape Cod, and Mashpee prepare for the unexpected. With a Certified Elder Law Attorney (CELA) leading the way, your POA is not just a form, but a powerful, custom-drafted legal tool that protects your finances, your medical wishes, and your dignity.

Schedule your consultation with our Needham & Mashpee Power of Attorney lawyer by contacting us online or at (781) 303-9594. Your consultation can be conducted virtually for convenience. 

Why You Need a Power of Attorney

No one can predict when incapacity may strike. Suppose you do not have a legally valid POA in place and become unable to make decisions. In that case, your family will face an arduous, costly, and public process known as guardianship or conservatorship proceedings in probate court. 

The court process can be draining for your loved ones and result in a judge appointing someone (who may not be your choice) to manage your affairs. 

Additionally, a POA can grant your agent the authority to act on your behalf while you are traveling away from home, such as within a state, across states, or out of the country. 

A properly executed POA provides three vital protections.

• Swift action: Your chosen agent can act immediately to pay bills, manage investments, and make benefits applications, preventing financial disruption and late fees.
• Personal control: You, the principal, choose the trusted agent (or "Attorney-in-Fact") and define the exact powers they hold, giving you control over who handles your life's work.
• Privacy: Your financial and medical affairs remain private, handled outside of the public court system.

Understanding Powers of Attorney in Massachusetts

In Massachusetts, two primary categories of Powers of Attorney are available, each addressing a distinct aspect of your life.

Durable Power of Attorney: This document appoints an agent to handle your financial and legal matters (paying bills, managing bank accounts, selling property, filing taxes). The term "Durable" means the document remains valid even after you become incapacitated.

• Role in elder law planning: This document is essential. It allows the agent to engage in critical Medicaid/MassHealth planning and asset protection on your behalf if you lose capacity.

Health Care Proxy: This document appoints a health care agent to make medical decisions for you, including treatment choices, if you are unable to communicate your wishes due to illness or injury.

• Role in elder law planning: This is critical. It means that your specific medical preferences are honored without court delay, working alongside your living will/advance directive.

Within the Durable Power of Attorney, you must decide when the authority begins:

• Immediate effectiveness - The POA takes effect the moment you sign it. We often recommend this because it eliminates delay. While the agent has the authority, they are a fiduciary, legally obligated to act in your best interest and only use the power when you are unavailable or need assistance.
• Springing effectiveness - The POA only "springs" into effect if a specific event occurs, typically requiring one or more doctors to certify your incapacitation. While it may sound safer, this often creates delays when swift financial action is needed.