GUARDIANSHIP OF AN ADULT IN MASSACHUSETTS

A guardianship is a legal relationship in which the court appoints a person (the guardian) to care for another, often called the “incapacitated person.” A guardian may be appointed for a minor when the parents are deceased, unfit or incapacitated, or for an incapacitated adult. A guardian must be at least 18 years old and does not need to be related to the incapacitated person.

The types of decisions a guardian can make depends on the guardianship order. If the guardianship is general, the Incapacitated Person no longer has the authority to make decisions about their own healthcare, support, education and welfare. A limited guardianship, however, may allow the Incapacitated Person to participate in decision making to the extent they are able. A limited guardianship can be limited to certain decisions, such as medical decisions, or decisions about where the person will live, and the incapacitated person retains decision making power in all other areas not included in the guardianship. Under Massachusetts law, all guardianship should be limited to the extent possible.

A guardian is required to consider the incapacitated person’s desires and personal values in decision-making. The guardian is also required to help the adult to develop or gain the capacity to manage her own personal affairs. The authority of a guardian differs from a conservator in that a conservator makes legal decisions about a person’s property and financial matters. Sometimes an incapacitated person will have both a guardian and a conservator but this is not true in every situation. The guardian and conservator can be the same person but that is not a requirement.

Sometimes a guardianship is the right choice. However, there may be less restrictive options for the incapacitated person that could be explored. Some less restrictive options include Advance Directives – Health Care Proxy and/or Durable Power of Attorney, Supported Decision Making, as well as Trusts to name a few.

Have questions or concerns about whether or not a Guardianship is the right option for a loved one? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

ellen@emcurranlegal.com

WHY DO YOU NEED A DURABLE POWER OF ATTORNEY?

A durable power of attorney is a document in which you appoint an “attorney-in-fact also sometimes called an agent” to do anything on your behalf that you, the “principal” could do for yourself. The attorney-in-fact, in effect, stands in your shoes and acts for you on financial, business and other matters. Your attorney-in-fact can be any competent adult that you trust.

Giving someone a power of attorney does not limit your rights in any way. It simply gives the other person the power to act when you cannot. Your attorney-in-fact would be your fiduciary. A fiduciary is a person who is held to a high standard of good faith, fair dealing and undivided loyalty to the principal. The attorney-in-fact must always act in the principal’s best interest. The attorney-in-fact should keep complete records of what they do in case there are any questions of impropriety or bad faith dealing.

A power of attorney normally, takes effect as soon as the principal signs it. Most people do not intend that their durable power of attorney be used until they are incapacitated. The principal should discuss this with their attorney-in-fact so that both parties are clear on what the principal’s wishes are so that they can be carried out without delay or question. 

A principal may revoke a power of attorney at any time. All the principal needs to do is send a letter to his or her attorney-in-fact telling the attorney-in-fact that their appointment has been revoked. From the moment the attorney-in-fact receives the letter, they can no longer act under the power of attorney. If want to have proof that this letter was in fact received by the attorney-in-fact, send the letter certified signature required.

Your Durable Power of Attorney should be updated every 3-5 years or as soon as possible after a major life event (i.e. marriage, divorce, birth of a child, death of a family member, etc.)

Have questions or concerns about your estate planning? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

The importance of Estate Planning

If you die without any estate planning documents, the State will step in and decide how your assets will be distributed to those who survive you.

Massachusetts Intestacy Statute

 Under G.L. c.1908,§ 2-102 (http://bit.ly/2DV3nkQ): 

• The surviving spouse receives the entire estate if the decedent is not survived by descendants or parents, or if the only descendants are also descendants of the surviving spouse and the surviving spouse has no other descendants.

• The surviving spouse receives the first $200,000 plus ¾ of the balance of the estate, if decedent is not survived by descendants but is survived by a parent.

• The surviving spouse receives the first the first $100,000 plus 1/2 of any balance of the estate in all other scenarios.

IF you want to make sure your estate goes to specific people, you need to have a written will that is properly executed and witnessed.

Contact Attorney Curran to discuss your options: 

E.M. Curran & Associates LLC
10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
ellen@emcurranlegal.com

WHEN IS IT A GOOD TIME TO START YOUR ESTATE PLANNING?

There is no guarantee from one day to another. Things happen that we do not expect and/or did not plan for.  No one can predict where they will be financially, medically, and/or socially in two years or two months.   

So, when is the right time to start your estate planning? As soon as you can. Why? The documents that make up your estate plan must be done while you are alive and have the legal capacity to execute them. If you are incapacitated for any reason and do not have any valid estate planning documents; your decisions will be made either by your next or kin or in some situations by a person selected by a Court.

What should be in your estate plan?

Most estate plans include a Health Care Proxy – this allows another person to make your health care and end of life decisions if you are unable to do so for yourself. Some people have very strong feelings and beliefs about being kept alive by a machine when there is no hope for them to return to their ‘normal’ life.

Most estate plans include a Power of Attorney – this allows another person to step in your shoes and handle your financial matters while you are incapacitated. They would be able to pay the mortgage payments, the light bills and school expenses so there is no interruption, which could cause more headaches for you and your family.

Most estate plans include a Last Will and Testament – this document goes into effect after your death. This allows you and not the state to decide who gets what and how much. This document makes sure that your wishes are fulfilled and that you are able to ‘take care of’ your loved ones when you are no longer present to do so. In this document you can also name people you want to take care of your minor children. You are also able to make sure that specific people do not benefit from your death if you so wish.

It is never too early to start thinking about an Estate Plan. Anyone over the age of eighteen (18) years of age who has the legal capacity to enter into a contract should consider having an estate plan.

Have questions or concerns about your estate planning? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

5 REASONS WHY YOU SHOULD HAVE A DURABLE POWER OF ATTORNEY

A Durable Power of Attorney is a document in which you appoint an “Attorney-in-Fact also sometimes called an agent” to do anything on your behalf that you, the “principal” could do for yourself. The Attorney-in-Fact, in effect, stands in your shoes and acts for you on financial, business and other matters.

First Reason….

We cannot predict the future, we do not know what crisis might come our way that might cause us to be temporarily incapacitated.  By having a properly executed Durable Power of Attorney in your well-thought-out estate plan, your Attorney-in-Fact can step in handle your matters on your behalf so there is little interruption and/or impact on your financial and business matters during this period.

Second Reason…

You control who steps in to make the decisions on your behalf during your period of incapacity instead of a court. Your Attorney-in-Fact can be any competent adult that you trust. If you do not have a properly executed Durable Power of Attorney, your family will need to go to the local Probate Court and ask the Court to appointed whomever the Court thinks is appropriate to “step into” your shoes. The Court’s choice may not be your choice.

Third Reason…

Conversations about one’s death are hard to have with loved ones. It is important that you have an open and honest conversation with your loved ones so that they are clear on what your wishes and desires are in general. If you do not have this conversation with them, they cannot do their best by you as they will be guessing.

Sit with your Attorney-in-Fact and explain what the document does and why you think they are the best person for this role.  A Power of Attorney normally, takes effect as soon as the principal signs it. Most people do not intend that their Durable Power of Attorney be used until they are incapacitated. The principal should discuss this with their Attorney-in-Fact so that both parties are clear on what the principal’s wishes are so that they can be carried out without delay or question. 

Fourth Reason…

Just because you appoint someone as your Attorney-in-Fact, does not give them the authority to do whatever they want with your affairs. Giving someone a Power of Attorney does not limit your rights in any way. It simply gives the other person the Power to act when you cannot.

Your Attorney-in-Fact would be your fiduciary. A fiduciary is a person who is held to a high standard of good faith, fair dealing and undivided loyalty to the principal. The Attorney-in-Fact must always act in the principal’s best interest. The Attorney-in-Fact should keep complete records of what they do in case there are any questions of impropriety or bad faith dealing.

A principal may revoke a Power of Attorney at any time. All the principal needs to do is send a letter to his or her Attorney-in-Fact telling the Attorney-in-Fact that their appointment has been revoked. From the moment the Attorney-in-Fact receives the letter, they can no longer act under the Power of Attorney. If want to have proof that this letter was in Fact received by the Attorney-in-Fact, send the letter certified signature required.

Fifth Reason…

Mostly importantly, you are providing yourself and your family members with peace of mind. If you become incapacitated, there is a plan already in place. Your family does not need to rush to court to get authority to perform basic tasks, like paying the mortgage. Knowing this has been taken care of in advance is of great comfort to families.

Have questions or concerns about your estate planning? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

YOUR #1 NEW YEAR'S RESOLUTION SHOULD BE GETTING YOUR ESTATE PLAN IN ORDER

So have you ever stopped to think about what will happen if you die? Now I'm talking about the philosophical argument about heaven/hell. I'm talking about what will happen to the people and things you leave behind? Being proactive and planning for your family’s future is a necessity in today’s world. If you do not take the time to plan, the state will step in and dictate what happens to your minor children and your worldly possessions. Wouldn't you rather be in control of what happens? 

In general, most estate plans will include at a minimum a combination of the following legal documents:

Will:

A will can fulfill several purposes. It nominates fiduciaries, provides the fiduciary with the authority they need to act and it disposes of probate assets. The will nominates a Personal Representative who will guide the estate through the probate process.  

Durable Power of Attorney:

A durable power of attorney is a document whereby one person, the principal, appoints another person, the agent or attorney-in-fact, to act as his or her attorney-in-fact. The person serving need not be an attorney so, to some extent, the term “attorney” is a misnomer. The attorney-in-fact, in effect, stands in the shoes of the principal and acts for him or her on financial, business, or other matters.

Health Care Proxy:

A Health Care Proxy is a legal document that allows you to name someone you know and trust to make health care decisions for you if, and only if, you are unable to make or communicate those decisions yourself.

Living Wills:

A living will sets forth the specific written instructions of the principal regarding his or her treatment preferences in various hypothetical situations. Living wills tend to focus on end-of-life situations and decisions about pursuing or terminating treatment, including life-sustaining measures.

Declaration of Homestead:

The Homestead Act allows Massachusetts homeowners to protect their home from future creditors.  The Act was updated and effective as of March 16, 2011. The updated Act allows homeowners to choose between an Automatic Homestead, which is effective without a written declaration and a written Declaration of Homestead. The amount of the Automatic Homestead protection is $125,000. When a written Declaration of Homestead is filed the exemption increases to $500,000. Both the homeowner and his/her spouse must sign the declaration form.

Contact Attorney Curran to discuss your  estate planning options: 

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

ARE YOU PREPARED FOR THE INEVITABLE?

Being proactive and planning for your family’s future is a necessity in today’s world. If you do not take the time to plan, the state will step in and dictate what happens to your worldly possessions. In general, most estate plans will include at a minimum a combination of the following legal documents:

Will:

A will can fulfill several purposes. It nominates fiduciaries, provides the fiduciary with the authority they need to act and it disposes of probate assets. The will nominates a Personal Representative who will guide the estate through the probate process.  

Durable Power of Attorney:

A durable power of attorney is a document whereby one person, the principal, appoints another person, the agent or attorney-in-fact, to act as his or her attorney-in-fact. The person serving need not be an attorney so, to some extent, the term “attorney” is a misnomer. The attorney-in-fact, in effect, stands in the shoes of the principal and acts for him or her on financial, business, or other matters.

Health Care Proxy:

A Health Care Proxy is a legal document that allows you to name someone you know and trust to make health care decisions for you if, and only if, you are unable to make or communicate those decisions yourself.

Living Wills:

A living will sets forth the specific written instructions of the principal regarding his or her treatment preferences in various hypothetical situations. Living wills tend to focus on end-of-life situations and decisions about pursuing or terminating treatment, including life-sustaining measures.

Declaration of Homestead:

The Homestead Act allows Massachusetts homeowners to protect their home from future creditors.  The Act was updated and effective as of March 16, 2011. The updated Act allows homeowners to choose between an Automatic Homestead, which is effective without a written declaration and a written Declaration of Homestead. The amount of the Automatic Homestead protection is $125,000. When a written Declaration of Homestead is filed the exemption increases to $500,000. Both the homeowner and his/her spouse must sign the declaration form.

Contact Attorney Curran to discuss your options: 

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

WHY DO YOU NEED A DURABLE POWER OF ATTORNEY?

A durable power of attorney is a document in which you appoint an “attorney-in-fact also sometimes called an agent” to do anything on your behalf that you, the “principal” could do for yourself. The attorney-in-fact, in effect, stands in your shoes and acts for you on financial, business and other matters. Your attorney-in-fact can be any competent adult that you trust.

Giving someone a power of attorney does not limit your rights in any way. It simply gives the other person the power to act when you cannot. Your attorney-in-fact would be your fiduciary. A fiduciary is a person who is held to a high standard of good faith, fair dealing and undivided loyalty to the principal. The attorney-in-fact must always act in the principal’s best interest. The attorney-in-fact should keep complete records of what they do in case there are any questions of impropriety or bad faith dealing.

A power of attorney normally, takes effect as soon as the principal signs it. Most people do not intend that their durable power of attorney be used until they are incapacitated. The principal should discuss this with their attorney-in-fact so that both parties are clear on what the principal’s wishes are so that they can be carried out without delay or question. 

A principal may revoke a power of attorney at any time. All the principal needs to do is send a letter to his or her attorney-in-fact telling the attorney-in-fact that their appointment has been revoked. From the moment the attorney-in-fact receives the letter, they can no longer act under the power of attorney. If want to have proof that this letter was in fact received by the attorney-in-fact, send the letter certified signature required.

Your Durable Power of Attorney should be updated every 3-5 years or as soon as possible after a major life event (i.e. marriage, divorce, birth of a child, death of a family member, etc.)

Have questions or concerns about your estate planning? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

The importance of Estate Planning

If you die without any estate planning documents, the State will step in and decide how your assets will be distributed to those who survive you.

Massachusetts Intestacy Statute

 Under G.L. c.1908,§ 2-102 (http://bit.ly/2DV3nkQ): 

• The surviving spouse receives the entire estate if the decedent is not survived by descendants or parents, or if the only descendants are also descendants of the surviving spouse and the surviving spouse has no other descendants.
• The surviving spouse receives the first $200,000 plus ¾ of the balance of the estate, if decedent is not survived by descendants but is survived by a parent.
• The surviving spouse receives the first the first $100,000 plus 1/2 of any balance of the estate in all other scenarios.

IF you want to make sure your estate goes to specific people, you need to have a written will that is properly executed and witnessed.

Contact Attorney Curran to discuss your options: 

E.M. Curran & Associates LLC
10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com
@emcurranlegal

It’s a topic that many of us try to avoid – our deaths. Are you prepared?

Being proactive and planning for your family’s future is a necessity in today’s world. If you do not take the time to plan, the state will step in and dictate what happens to your worldly possessions. In general, most estate plans will include at a minimum a combination of the following legal documents:

Will:

A will can fulfill several purposes. It nominates fiduciaries, provides the fiduciary with the authority they need to act and it disposes of probate assets. The will nominates a Personal Representative who will guide the estate through the probate process.  

Durable Power of Attorney:

A durable power of attorney is a document whereby one person, the principal, appoints another person, the agent or attorney-in-fact, to act as his or her attorney-in-fact. The person serving need not be an attorney so, to some extent, the term “attorney” is a misnomer. The attorney-in-fact, in effect, stands in the shoes of the principal and acts for him or her on financial, business, or other matters.

Health Care Proxy:

A Health Care Proxy is a legal document that allows you to name someone you know and trust to make health care decisions for you if, and only if, you are unable to make or communicate those decisions yourself.

Living Wills:

A living will sets forth the specific written instructions of the principal regarding his or her treatment preferences in various hypothetical situations. Living wills tend to focus on end-of-life situations and decisions about pursuing or terminating treatment, including life-sustaining measures.

Declaration of Homestead:

The Homestead Act allows Massachusetts homeowners to protect their home from future creditors.  The Act was updated and effective as of March 16, 2011. The updated Act allows homeowners to choose between an Automatic Homestead, which is effective without a written declaration and a written Declaration of Homestead. The amount of the Automatic Homestead protection is $125,000. When a written Declaration of Homestead is filed the exemption increases to $500,000. Both the homeowner and his/her spouse must sign the declaration form.

Contact Attorney Curran to discuss your options: 

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com