Foundational estate planning documents protect your financial, medical, and personal wishes if illness, incapacity, or death changes your family’s circumstances. A complete estate plan may include a durable power of attorney, health care proxy, HIPAA authorization, advance directive, will, and living trust. At Surprenant, Beneski & Nunes, P.C., we help clients throughout Southeastern Massachusetts create estate plans that are clear, legally sound, and built around their families. If you are ready to put the right protections in place, we can help you get started.
Why Work With Surprenant, Beneski & Nunes?
Estate planning documents should provide clear guidance and protection when your family needs them most. We take time to understand your goals, family circumstances, financial situation, and healthcare concerns before recommending any estate planning strategy.
Clients choose our firm because:
- Certified Elder Law Attorneys. Daniel Surprenant and Michelle Beneski are Certified Elder Law Attorneys (CELAs) through the National Elder Law Foundation, a distinction earned by a limited number of attorneys in Massachusetts.
- 60 years of service. We have been helping families in Southeastern Massachusetts plan their estates for six decades.
- Comprehensive practice. We handle estate planning, elder law, trust administration, Medicaid planning, and special needs planning, so your plan can grow and adapt as your life changes.
- Four office locations. We serve clients from offices in New Bedford, Easton, Hyannis, and Plymouth, with virtual consultations also available.
- Personalized recommendations. Every family has different goals and concerns. We create estate plans tailored to your circumstances rather than relying on standardized documents.
Whether you are creating your first estate plan or reviewing older documents, we will help you build a plan that fits your life.
What Documents Are Included in a Foundational Estate Plan?
A foundational estate plan usually includes several documents that work together. Each one has a different job.
Common documents include a durable power of attorney, health care proxy, HIPAA authorization, advance directive, last will and testament, and living trust when appropriate. These documents address decision-making during life, medical privacy, end-of-life preferences, asset distribution, and probate planning.
What Is a Durable Power of Attorney?
A durable power of attorney allows you to appoint a trusted person, known as your agent, to manage financial and legal matters if you become incapacitated. The word “durable” means the authority can continue even if you lose capacity.
Your agent may be able to pay bills, manage accounts, handle real estate matters, communicate with financial institutions, and address other financial responsibilities. Without this document, your family may need to ask the Massachusetts Probate and Family Court to appoint someone to act for you.
Creating a durable power of attorney lets you decide who should have that authority.
What Does a Health Care Proxy Do in Massachusetts?
A health care proxy lets you name someone to make medical decisions if you cannot make or communicate them yourself. Your health care agent should understand your values, your preferences, and your wishes for medical care.
This document can be especially important during emergencies, when doctors may need quick direction and family members may not agree on what should happen next.
Why Should a HIPAA Authorization Be Part of Your Plan?
A HIPAA authorization allows designated people to receive medical information from healthcare providers. Without one, even close family members may have trouble getting updates about your condition, treatment, or care options.
This document supports your health care proxy by giving your agent and other named individuals access to the information they need to help.
Is an Advance Directive Legally Binding in Massachusetts?
An advance directive records your preferences for medical care, including end-of-life treatment. In Massachusetts, advance directives are not legally binding in the same way as some other estate planning documents.
Even so, they are still useful. Doctors and loved ones can look to your written instructions for guidance when difficult decisions must be made.
Do You Need a Will If You Do Not Have Many Assets?
Yes. A will is not only for people with substantial wealth. A Massachusetts will allows you to name beneficiaries, choose a personal representative, and nominate guardians for minor children.
If you die without a will, Massachusetts intestacy laws decide who receives your probate assets. That result may not match your wishes. A will gives your family clearer direction and helps avoid unnecessary confusion.
When Does a Living Trust Make Sense?
A living trust can help manage and transfer assets outside of probate when it is properly created and funded. You may continue using and controlling trust assets during your lifetime, depending on how the trust is structured.
After death, trust assets can pass to beneficiaries without the same public probate process required for assets controlled only by a will. Trusts may also help with privacy, blended family planning, incapacity planning, and more structured distributions.
Build Your Estate Plan Before a Crisis
The best time to create foundational estate planning documents is before your family needs them. At Surprenant, Beneski & Nunes, we help Southeastern Massachusetts families prepare for incapacity, protect loved ones, and create clear instructions for the future.
Contact us today to schedule a consultation and discuss which estate planning documents belong in your plan.
Frequently Asked Questions
Can I create a power of attorney online?
You can find forms online, but financial institutions may reject documents that are unclear, incomplete, or improperly signed. We can prepare a document that reflects your goals and meets Massachusetts requirements.
How often should I review my estate plan?
Review your documents every three to five years, or sooner after marriage, divorce, the birth of a child, the death of an agent or beneficiary, or a major financial change.
Is a living will the same as an advance directive?
The terms are often used together. In Massachusetts, the health care proxy is the main healthcare decision-making document, while an advance directive gives written guidance about your wishes.