Assistance with Financial or Medical Affairs

How to Plan for Incapacity or Impairment

If a loved one or friend is unable to manage their own financial or medical affairs, they could be in a significant bind if they have not properly planned for such a contingency.

If the property of a parent, spouse, adult child, or friend is titled solely in that person's name, no one else may administer or expend such property without a valid power of attorney or authorization from the court in the form of a guardianship. Because of the cost and time involved in obtaining a guardianship, we normally recommend that you execute a power of attorney. With respect to the financial matters of an incapacitated person, the power of attorney may avoid the need to seek a guardianship.

Medical decision-making is not governed by current powers of attorney. For this reason, we recommend that you consider executing a health care proxy, which authorizes your agent to make medical decisions when you are unable to do so.

With the execution of both a power of attorney and a health care proxy, the need to seek a guardianship can be avoided.

We would be pleased to answer your questions about powers of attorney or health care proxies.

Please call (781) 237-7766.

The address of this website is: http://www.jamesoncooper.com

Our email address is: hwc@jamesoncooper.com

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