Legal Question in Wills and Trusts in Massachusetts

Power of Attorney from signed letter

My mother is in the hospital and is currently on life support. She told me a while back that she was making me power of attorney and was going to make me the health care proxy, I said fine, and never heard another thing.

We went looking for the paperwork and all we were able to find was a ''living'' will that is extremely detailed and basically lists what she wants if she dies or becomes incapacitated. It has her signature dated sometime towards the end of last year. We can't find any lawyer information on it, so I am assuming it was something she wrote and never followed through on. I have no idea where to begin to see if she did really file it somewhere, any idea on that?

I'm sure that if she didn't file it, it was because she never had the $$ to hire a lawyer to do it.

Also, if she didn't file it, is there anything we can do about it now, while she's in the hospital? Can we file it for her, or get some kind of hearing to see if the judge will grant her wishes, based on the letter?

Thank you,

Kim


Asked on 2/26/02, 12:18 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Power of Attorney from signed letter

the documents which you described do not need to be filed;

as to the 'living will,'it is possible that the hospital may accept this as controlling her wishes;

alternatively, a family member may rely on this document to suggest some actions in the medical setting;

if she is still 'competent' you can get her to sign a poa & a health care proxy;

if someone with legal authority is required, you will have to petition the probate court for a guardianship.

should you have any questions, email or call.

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Answered on 2/26/02, 5:13 pm
James Fiorentini Fiorentini Law Office

Re: Power of Attorney from signed letter

A living will so-called does not have to be filed anywhere.

Living wills are not valid in Massachusetts. You need to bring the document to an attorney to find if it meets the requirements of a Health Care proxy. If it does, the doctor or hospital will allow you to use it. The hospital may have a laywer that will do this.

Jim Fiorentini

www.FiorentiniLaw.com

1-800-834-6964

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Answered on 2/27/02, 9:02 pm


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