Serving Massachusetts and

New Hampshire since 1992.

DURABLE POWER OF ATTORNEY

A Power Of Attorney is a written authorization, granting to an “agent” the legal power to act for the “principal.”.  The grantor (the “Principal”) designates an “attorney-in-fact” or “agent” to act for him or her.  It is similar to hiring an employee to do a job for you, however an “attorney-in-fact” is usually an unpaid relative or friend.

A power of attorney is “durable” when it is written so that it remains in effect even if you are incapacitated and cannot act for yourself.  If this happens your “attorney-in-fact” can still act for you and carry on your daily affairs; personal and business (to the extent you granted those powers).

If you become incapacitated without a person designated as your attorney-in-fact your family will have to go to court to have a guardian named who would then have the power to handle your affairs.  The delay caused by this could create problems, and the additional legal costs could become expensive.  With a Power of Attorney, you share your rights and powers with an agent.  In a guardianship, you lose all of your rights and powers to the guardian.

HEALTH CARE DIRECTIVE

This is a special kind of Power of Attorney that names someone to make health care decisions for you when you cannot.  “Health Care Proxies” (the Massachusetts term) are authorized by law in many states, including Massachusetts and New Hampshire ( New Hampshire uses the term “Power of Attorney for Health Care”).  The power granted includes authorization to perform (or withhold) medical procedures, and life or death decisions.  The power only comes into effect when you cannot make health care decisions for yourself.  This includes when you are unconscious and when you are determined by a doctor to be unable to make proper decisions.  If you can communicate a preference, your wishes will be followed.  You may also leave a statement of wishes, often called a Living Will, or an Advance Directive.  The standard Health Care Proxy formats include living will/advance directive sections.

DocuBank

Estate Planning Clients of Attorney Adamsky receive a free one year membership with DocuBank.  DocuBank provides emergency access to your healthcare directives, 24/7/365. We include DocuBank as part of our estate planning services to ensure that your living will, health care power of attorney and other medical directives will be immediately available at the hospital when you need them, via fax or online – around the clock and around the world.

Be sure to carry your DocuBank Emergency Card in your wallet -- next to your driver’s license or health insurance card.  You should also periodically update your emergency contact and medical information stored with DocuBank.  To do so, simply click here or on the DocuBank logo. For more information on this valuable service, visit www.DocuBank.com or call toll-free 866-DOCUBANK.

Edward H. Adamsky, Attorney At Law ♦ Licensed in Massachusetts and New Hampshire ♦ 269 Middlesex Road, Tyngsboro, MA 01879  978-649-6477