Durable Power Of Attorney Form Massachusetts: Fill & Download for Free

An estate planning lawyer will help establish a power of attorney, living trust, and a health care proxy to protect you in your living years. The attorney will also work with you to establish a will and/or testamentary provisions within your living trust to protect those you leave behind. These measures can prevent your property from being distributed according to the provisions of Massachusetts intestacy statutes. Consequently, if these statutes are controlling your situation it means you have lost control over who receives your assets and who is appointed your children’s’ guardians.*Power of AttorneyThe Power of Attorney is a legal document which authorizes another person to manage your financial affairs. There are two types of powers of attorney. The first is a general durable power of attorney which gives power to another person known as an “attorney-in-fact” immediately. The second is a springing power of attorney which gives power to another person known as an “attorney-in-fact” only at the time which you have suffered a physical or mental incapacity. By having a power attorney drafted by an estate planning lawyer, you can avoid the frustration, delay, and costly conservatorship process should you become incapacitated. The conservatorship process ultimately requires a judge to appoint a conservator who may in fact be a complete stranger to the family*Health Care ProxyThe Health Care Proxy allows an adult to appoint another adult to make medical decisions should they not be able to in the future. This power includes the ability to decide if life sustaining measures should be taken. By having a health care proxy drafted by an estate planning lawyer, you can avoid the frustration, delay, and costly guardianship process should you become incapacitated.*Living WillThe living will needs express his or her desires regarding the use of extraordinary measures to extend his or her life when there is no reasonable expectation that he or she will regain consciousness.*Last Will and TestamentThe Last Will and Testament is a tool that allows one to bequeath assets to specific individuals and/or entities, name guardians for your minor children, and potentially prevents your property and children from being distributed under the state’s default intestacy statutes. Unfortunately, many Massachusetts residents are unaware that the Last Will and Testament can neither prevent the expense, delay, and publicity of a probate proceeding nor can the Will override a beneficiary designation on a life insurance policy, retirement plan, or a joint form of ownership. Therefore, the estate planner should be aware of all retirement plan beneficiaries, insurance policy beneficiaries, joint accounts and review whether a living trust should be drafted in addition to the Last Will and Testament.Visit https://www.munrodoig.com.au/

What's the procedure to gain control over a parent’s bank account and funds? My mom has dementia, and I'm jobless, trying to arrange care for her, and look out for a job myself. Can anyone help me with this information?I don’t know which country you are in; all I can give is the procedure I had to follow here in the United States, specifically, Massachusetts.First, contact an estate attorney or elder affairs lawyer in your area. It is vital that you follow their instructions. This attorney is actually your mother’s attorney, and her money will be used to pay for the services.In my mother’s case, I was already named as executor of her will. You mother’s will, if she has one, should be consulted to see who she thought was the most responsible person to oversee her affairs should she die. If it was someone other than you, that person needs to be found and must meet with the attorney with you.The attorney will arrange for a durable power of attorney and health care proxy for your mother. If you get power of attorney, make at least 12 copies of the form: you’ll need them. I also had a statement from my mother’s primary care physician deeming her incompetent. I needed this to prevent her from driving.Take the POA paperwork to the bank, and open an account in her name, but with you as a cosigner. It is extremely important not to commingle your funds! If an audit is done to see if your mother qualifies for Medicaid, any money in your name could be seen as a gift to you. Ask your attorney about this. Her bills should be coming to your address so you can pay them from the account.I used the multiple POA documents to change her Social Security payments to this new account, stop a book club from sending her the “book of the month,” shut off her utilities in her old apartment when I moved her, and a number of similar situations.The attorney will look over your mother’s finances and help you find a solution. It could be that your mother qualifies for some sort of care, either in-home or in a facility. That will free you to look for work. You can’t care for her and hold down a job. Depending where you live, your and your mother’s income, there will be a solution. Follow the attorney’s advice.Good luck. Things will get better.

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