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estate planning Archives

Is it possible to terminate a guardianship?

If you have been appointed a legal guardian or have taken on a guardianship of an incapacitated person, you may wish to end that guardianship due to extenuating circumstances beyond your control or a problem with the guardianship relationship. Is it possible to voluntarily terminate a guardianship under Massachusetts law, and if so, how?

Can you claim power of attorney over someone else?

When a relative, loved one, or other person deeply involved in your life becomes incapacitated, the experience can be devastating. Adding to the frustration is the possibility that the person is not only mentally or physically incapable of handling his or her own legal and financial matters, but unable to willfully grant power of attorney under Massachusetts law. When that happens, you may have to face the possibility of taking alternative routes to manage the person's financial and legal affairs, particularly if they impact you. But can you claim power of attorney over someone who does not have the capacity to grant it?

New laws let you refuse the use of opioid medication

Imagine you suffer from a severe stroke, and you can't make medical decisions for yourself. Your designated health care proxy, or your spouse, will have the right to step in and advise your doctor how to care for you. But what if your doctor prescribed an opioid and your proxy wasn't there to approve it? The doctor would administer the prescription anyway.

What you need to know before contesting a will

Many people in Massachusetts may feel as if a relative's will has left them without the inheritance they deserve. According to FindLaw, proving that there is a problem with the document the deceased created may be difficult unless there is a will that has a later date and was obviously written with the intent to replace the first. However, that does not mean someone in a different circumstance is unlikely to succeed.

Digital assets may be included in estate plan

A person considering estate planning in Massachusetts may want to include provisions concerning an individual’s digital assets. Digital assets are a form of property scarcely conceived of in past decades. As stated by the Uniform Law Commission, digital assets include documents and account data. Digital assets encompass various types of files stored on a person’s local device, such as documents, photos or music, as well as intellectual property on web sites, data on social media accounts, and other data or documents stored in the cloud. Several states have enacted a form of the Revised Uniform Fiduciary Access to Digital Assets Act (Revised UFADAA) but Massachusetts has not.

The importance of naming a guardian for children

Although no one wants to think about the worst happening, parents with minor children in Massachusetts need to have a plan in the case of death or other situation which would make them unable to care for their kids. Naming a guardian gives that person legal responsible for the needs of a child, which typically include shelter, medical care, food and education.  

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