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Incapacity Planning

Incapacity planning is extremely important in the event that you become physically or mentally unable to care for yourself. It is important to plan who would take care of your personal affairs or financial affairs should something ever happen to you.

What is a Guardianship?

Guardianship provides the guardian with decision-making authority and responsibility over an individuals person's personal affairs. Limited guardianship gives the guardian decision-making authority and responsibility over only selected areas that the protected person has been determined unable to manage by him or herself; For example, a limited guardianship may only apply to health care decisions.  The court could also appoint a temporary guardianship for a person for a 90-day period if it is felt that such an appointment is in the person's best interest. 

It is important to ensure that you have a Health Care Proxy in effect in order to avoid the process of your family having to attain a court ordered Guardianship for you. The Health Care Proxy is a simple document, legally valid in Massachusetts, which allows you to name someone (a "Health Care Agent") to make health care decisions for you if are unable to do so yourself.  We are able to help you by creating a Health Care Proxy for you and your loved ones.  We are also able to assist you if you have to file guardianship for a minor or adult.



What is a Conservatorship?

Conservatorship is similar to guardianship however, instead of making decisions regarding an individual's personal affairs it is a legal relationship between a protected person and one or more individuals appointed by the court to make financial decisions regarding the incapacitated person.  A conservatorship is limited to the management of the property and financial affairs of a protected person. As with guardianship, a conservatorship may be full, limited, or temporary.  

In order to avoid having to go through Probate Court in order to obtain a Conservatorship, it is important that everyone has an effective Durable Property Power of Attorney executed.  With a Durable Property Power of Attorney, your family would be able to avoid going to court to have a Conservator appointed.  A Durable Property Power of Attorney is able to make financial decisions for you in the event that you are unable to do so yourself.