A Legal And Financial Minute, Or Two: Avoid Guardianship With A Health Care Proxy

Avoid Guardianship with a Health Care Proxy

It may come as a shock to learn that if you are injured and unable to communicate, or you are diagnosed with dementia, that your spouse and children cannot make medical decisions for you.

Likewise, it may also shock to you to learn that if your child is injured, and she or he is aged 18 or over, that you cannot make medical decisions for your child.

Families often discover these unpleasant facts when they are faced with an immediate emergency; an emergency that creates a catastrophic and expensive crisis.

Most often, this crisis requires a lengthy, expensive and public process that results in families hiring an attorney and going through the courts, a process called guardianship. A process that may even require going back to court every year, for the life of the injured person.

With simple, and often, free, planning, you can avoid this lengthy, expensive and public court process.

So long as you have capacity, you, or any person who has capacity, can name someone today, to speak for you if you become unable to speak for yourself at some point in the future.

Every person should have this critical, life-saving document in place. A document that allows someone to spring into action to protect you and those you love from the expensive, lengthy and public court process called guardianship.

A simple, and depending upon your needs, often free, document, called a health care proxy, will often accomplish this goal.

If you require more complex needs, a customized plan drafted by an experienced attorney may be the solution.

Give yourself, and your family, the gift of avoiding a lengthy, expensive, public and a possibly never-ending court process.

For a very basic, but free, copy of this critical document, visit: https://www.massmed.org/Patient-Care/Health-Topics/Health-Care-Proxies-and-End-of-Life-Care/Health-Care-Proxy-Information-and-Forms/

If you want a health care proxy tailored to your wishes, or have additional questions, call or text Spano & Dawicki, at 781-231-7800 or email us at Help@SpanoDawicki.com

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