Legal Question in Health Care Law in Massachusetts
I have a power of attorney for health care naming my husband and/or my daughter to act for me.
When and how does this p of a get initated? Is it in effect upon signing or when I choose to invoke it?
1 Answer from Attorneys
You need to read your power of attorney or health care proxy carefully to determine when your important documents become valid. Your attorney should have explained this to you. If you prepared these documents yourself, then you decided on the terms.
The powers granted to your health care proxy generally come into being upon certification by a doctor of inability to make or communicate health care decisions for yourself.
As far as your power of attorney, it may be effective immediately, or it may only "spring" into being if you are incapacitated.
If you aren't sure exactly how to use your estate plan, including your property and health care directives, sit down with a lawyer to discuss your needs.
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