Power of Attorney and Advance Directives
If something unexpected happens and you can no longer speak for yourself, who has the legal authority to make decisions on your behalf? Without the right documents in place, that choice may fall to a probate court instead of the people you trust. At Hera Law Group, we help individuals and families throughout Maynard, Milton, Cape Cod, Nantucket, Worcester, and the surrounding Massachusetts communities put clear, legally sound protections in place before a crisis makes that decision for them.
A power of attorney (POA) is a legal document that lets you name a trusted agent to manage your financial and legal affairs — paying bills, handling bank accounts, managing property, or filing taxes — if you become unable to do so yourself. In Massachusetts, most people choose a durable power of attorney, which stays in effect even if you later become incapacitated. Without one, your loved ones may need to petition the probate court for a conservatorship just to pay your mortgage or access your accounts, a process that costs time, money, and peace of mind.
An advance directive is a broader term for legal documents that communicate your health care wishes and designate who can make medical decisions for you. In Massachusetts, the primary tool for this is the health care proxy, governed by Massachusetts General Laws Chapter 201D. Unlike a living will — which is not formally recognized under Massachusetts law — a health care proxy names a specific agent to make medical decisions on your behalf whenever you are unable to make them yourself, and remains inactive until a physician confirms that you lack that capacity.
Signing a valid health care proxy requires your signature along with two witnesses. Once in place, it ensures that a person you trust and choose — not a court-appointed guardian or a default statutory hierarchy — is the one speaking for you in the hospital room. Without one, your family may face delays, disagreements, or the added burden of a court guardianship proceeding during an already difficult time.
Planning for incapacity is not just paperwork — it is a way of protecting the people you love from unnecessary stress, expense, and uncertainty. Our attorneys take the time to understand your family, your assets, and your wishes, then draft powers of attorney and advance directives that hold up when they are needed most. We serve clients across Middlesex, Norfolk, Barnstable, and Worcester Counties in Massachusetts, as well as Providence County, Rhode Island.
You don’t need to have all the answers before reaching out. We welcome you to call us for a free initial 15-minute phone consultation to discuss your power of attorney and advance directive needs.
Call 978.637.2048 or email office@heralawgroup.com to schedule your consultation today.
At Hera Law, we understand that hiring an attorney is a big decision. We welcome you to call us for a free initial 15 minute phone consultation.
978.637.2048
office@heralawgroup.com
