Areas of Practice Trusts & Estates

Estate Planning

What will happen if you are incapacitated or pass away? Have you prepared the proper documentation so that your family and friends will know and be able to carry out your wishes? It does not matter how old you are, if you are married or if you have children, everyone needs an Estate Plan. Our experienced lawyers urge you to schedule a consultation with one of our estate planning attorneys to review your needs and desires in case the unforeseeable occurs. 

Estate Planning Documents:

  • Will – a Will defines who you wish to receive your valued assets after your death and further appoints someone you trust to act as Executor and Guardian of your minor children.  A will enables you to ensure that your family and friends can easily and swiftly take care of all that matters to you when you are no longer available to take care of it yourself.
  • Power of Attorney – a Power of Attorney gives a trusted person the ability to act in your stead if you are unable to do so. A Power of Attorney appoints an “Attorney-in-Fact” to request and execute documents on your behalf. An “Attorney-in-Fact” has a duty to you as your fiduciary to abide by your wishes and to only do so much as your “Attorney-in-Fact” believes you would do if you were able. A Power of Attorney can be drafted numerous ways with as many limitations as you deem appropriate.
  • Health Care Proxy – a Health Care Proxy enables you to appoint someone to make your medical decisions for you if you are unable to make the same. Your Health Care Proxy will be informed of all aspects of any medical condition you may be suffering in the same manner in which you would be and using that information will make any and all medical decisions for you.
  • Living Will – a Living Will informs your health care providers that you do not wish to be kept alive if there is not a reasonable expectation of recovery or regaining a meaningful quality of life. In other words, a Living Will will let the world know that you do not wish to “be kept alive by machines” for years on end when there is no hope that you will be able to return a lifestyle in which you will be able to enjoy life.
  • HIPAA Authorization – a HIPAA Authorization is a simple document in which you can name as many or as few people as you wish to be able to obtain information from your doctor or from any hospital where you may be admitted. A HIPAA Authorization does not enable these chosen people to be able to make decisions for you but rather can only gather information regarding your medical condition or status.

Please contact LaFountain & Wollman, P.C. at 617-926-8944 or [email protected] to set up a consultation with one of our experienced estate planning lawyers.
Please come back to this webpage in the future to review changes in the law in Massachusetts, particularly the enactment of the Massachusetts Uniform Probate Code.