Durable Power of Attorney

While a parent’s job may never be done, things get more complicated when that child begins his or her college career.  Parents often understand the importance of having a healthcare power of attorney in place for a spouse or aging parent, but often do not think about how crucial this document is for a recent high school graduate or young adult child.  Most college freshmen are eighteen years old which means they are legal adults and parents are no longer entitled to make decisions on their behalf.  This can cause a problem if there is a medical emergency.

Once a child turns eighteen, his or her parents no longer have any legal say over medical or financial decisions involving the child.
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Statistics show that couples are waiting longer and longer to get married.  In addition, there are many alternatives to marriage, such as domestic partnerships, that are becoming more normalized.  It is important for these couples to understand that there may be a stronger need for estate planning then there is for married couples.  Without proper estate planning, unmarried couples will not inherit or be able to make critical decisions for their significant other.

There are two general purposes to estate planning.
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One of the three most basic estate planning documents is the health care proxy.  This is the document where an individual gives permission to another person to make health care decisions on their behalf in the event they are incapacitated or unable to make health care decisions for themselves.  This document is especially important in Massachusetts because under Massachusetts law, there is no identified law that allows for the appointment of a default surrogate under any circumstances.  That means that your spouse, parents, and children have no legal right to make health care decisions for you.

Massachusetts is in the minority with regards to the treatment of health care proxies.
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Every year, millions of people make their "New Year's Resolutions."  These resolutions can include accomplishing a personal goal or making a change to improve a person's everyday life.  In 2019, one such New Year's Resolution could be to work on your own estate planning goals and objectives.  To kick off 2019 correctly, I am offering three complimentary and useful estate planning tips.

1.
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A child going to college is widely considered the first major step for moving from childhood into adulthood.  However, many parents do not associate this milestone with a need to consider estate planning for the child.  The reality is once a child turns 18 years old, the parents no longer have any legal parental rights over the child.  To put it bluntly: once a child turns 18, his or her parents no longer have any legal say over medical or financial decisions involving the child.

Therefore, every child over the age of 18 should execute a Health Care Proxy and a Durable Power of Attorney.
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