Estate Planning Considerations for Singles and Massachusetts Law

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Single persons without heirs have unique considerations when planning for the future. Unlike most married couples with spouses and/or children, they need to involve friends or other relatives in their financial, medical emergency and end of life arrangements.

Documents used to convey what should take place if a single person becomes incapacitated can include a durable power of attorney, springing power of attorney, a health care proxy advance care directive and an authorization under HIPAA. Employing one or more of these documents will authorize your agent to make medical and financial decisions on your behalf in the event you are not able.

The springing power of attorney only comes into effect upon an event such incapacitation or disability. In contrast, a durable power of attorney applies when it is signed.

Despite being childless, a single person may have dependents such as parents or siblings. Perhaps, there are valued charities and friends he or she wishes to endow. Setting up a revocable living trust or making a will is the way to make sure that his or her wishes take precedence.

If there is no Will, trust, or beneficiary designations in place, the estate of a single person may become subject to Massachusetts probate process and is disbursed under Massachusetts law.

For those without family, choosing the right person to carry out your wishes might be difficult.  In this case, working with an estate planner is beneficial.

Filed Under: Estate Planning, Health Care Proxy, Long Term Care Planning, Wills

The Importance of Appointing a Health Care Agent

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It has been almost ten years since the case of Terri Schiavo was argued in Florida courts.  In 1990, Terri Schiavo collapsed in her Florida home in full cardiac arrest.  She suffered brain damage due to lack of oxygen and as a result, could not make medical decisions for herself.  According to doctors, Ms. Schiavo was diagnosed as being in a vegetative state.  Several types of therapy were attempted, hoping her condition would improve. In 1998, Michael Schiavo, Terri’s husband and guardian, petitioned the Florida state courts to have her feeding tube removed.  Michael Schiavo argued that Terri would not have wanted life-prolonging measures including a feeding tube.  Ms. Schiavo’s parents opposed this arguing that she would want have wanted to continue life-prolonging measures.  A trial to determine her end of life wishes included eighteen witnesses.  This court battle went on until 2005, including appeals in the state and federal courts.  Ms. Schiavo ultimately passed on March 31, 2015, after her feeding tube was ordered removed.

As  noted above, this legal battle spanned fifteen years.  The sole question in this case was to determine what Terri’s wishes would have been regarding life-prolonging procedures.  With a comprehensive health care proxy and living will, Ms. Schiavo would have been the one to determine what her end of life wishes were.  Although a health care proxy probably would not have prevented disagreement between Terri’s parents and husband regarding the course of treatment, maybe the legal battle could have been avoided or minimized with proper planning.

Filed Under: Health Care Proxy, Living Wills

New Study Shows Younger Individuals May Be Affected By Alzheimer’s

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A recent study in the New England Journal of Medicine reports that an Alzheimer’s gene may impair middle-aged memory.  According to the study, people with a variant of the APOE gene, which increases the risk of Alzheimer’s in old age, may also show memory impairment earlier than researchers once thought.  Researchers followed 815 people ages 21-97 with normal mental function.  On the Auditory-Verbal learning test, a test of a person’s ability to learn and remember, carriers of the APOE gene showed declines beginning in their 50’s.  Non-carriers of the gene did not show declines in memory until their 70’s.  The results of this study emphasize just how important preemptive estate planning is.

Filed Under: Disability, Durable Power of Attorney, Health Care Proxy

The Difference Between A Health Care Proxy and Living Will

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Health Care Proxies and living wills in Massachusetts both address situations in which medical decisions are made on your behalf when you cannot communicate your wishes for yourself. A Health Care Proxy allows you to designate someone (called your Agent) to make decisions on your behalf should you be unable to do so whereas a living will allows you to list certain treatments you want or do not want to be withheld should you become terminally ill and unable to communicate at that stage. Although Massachusetts does not recognize living wills at this time, this document can be a useful in guiding your Agent during a very emotional time.

As with any estate planning you undertake, it is recommended that you discuss your intentions with your Agent so they understand and are able to follow your wishes regarding medical treatment and accept the appointment. If your Agent understands what your wishes are and how you would have made decisions if you were able, the process will be much more effective and less stressful.

Filed Under: Health Care Proxy