When Do Health Care Estate Planning Documents Take Effect?

It can be important to document what kinds of care you want to receive and who is eligible to make decisions on your behalf if you are unable to do so. Your health care documents can take effect if your doctor determines that you lack the capacity to make your own health care decisions.

Working with an Estate Attorney

This is why it is extremely important to work directly with a knowledgeable estate attorney to ensure that you have covered all of your bases. Lacking capacity typically means that:

• You are unable to understand the consequences and nature of your health care choices.
• You are no longer able to effectively communicate wishes for your care orally or in writing.

Lacking Capacity for Health Care Decisions

If you are so injured or ill that you are unable to express your own health care wishes, your existing estate planning documents will immediately spring into effect. Your appointed health care agent or your doctor will also assist if there is some question about your ability to communicate clearly and understand your treatment choices. In certain states you may be able to give your health care agent the ability to manage your health care decisions right away. This does not give your agent the authority to make decisions that override the treatment that you wish to receive.

Working with an Experienced Estate Lawyer in Massachusetts

So long as you are able to speak for yourself, you are able to dictate your own medical care. Because there are so many complex issues at play when it comes to medical documents and medical decision making, it is important to choose a person you trust to serve in these roles. Contacting an experienced and dedicated estate lawyer today is one of the best ways to get started with this process.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

View all posts by Tiffany A. O'Connell, JD, LLM, CELA, AEP →

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.