Legal Question in Elder Law in Massachusetts

Re: alzheimers stage 4

A Health Care Proxy is not a guardianship. If someone is her guardian they have somewhat broader powers.

If your Health Care Proxy is dated later than the earlier proxy your proxy is valid and should be given to the hospital.

If no one has been appointed by a court as her legal guardian and you think it is necessary, then I suggest you have it done.

I hope your mother had a durable power of attorney appointing someone with the legal authority to handle your mother's financial affairs, if not you may need to have someone appointed as her legal guardian and conservator.

If you have additional questions, feel free to contact me.

Re: alzheimers stage 4

Our state's law strongly favor the right of a person to appoint whomever they see fit as a health care agent. This appointment is an expression of personal freedom to choose whom you want to act on your behalf when you are no longer competent to do so.

Having done guardianship practice for 14 years and litigated health care proxy rights, I can tell you that the probate court are very, very reluctant to appoint a guardian of the person (i.e., for medical decisions) where a proxy is known to exist, unless the document is somehow legally defective or the person appointed is shown to be unfit to serve.

I think it's critical that you sure a copy of the proxy is in every file of every doctor, hospital and nursing home your mother uses, and give them all of your contact information.

Please feel free to contact me if I can be of further assistance.