Boston Area Competency and Capacity Designations Lawyer

Weymouth Health Care Proxy Attorney

For doctors and courts, when it comes to decisions regarding personal and medical care, and decisions affecting the estate and finances of an elderly person, it comes to one question: Does this person have the ability to make informed decisions?

Competency and capacity are determined by two separate parties:

  • Competency is a legal determination made by the court
  • Capacity is a diagnosis made by a medical doctor

The two can be at odds with one another. At that point, there can be dueling physician evidence and a court proceeding is in order. Attorney John Gianino can help.

If a person has planned for incapacity, they have probably assigned an "agent" or substitute authority under a legal document. For business and financial decisions (decisions of the "estate"), this legal document is called a Durable Power of Attorney. For medical and personal decisions (decisions of the "person"), this legal document is called a Health Care Proxy.

If an individual has become incapacitated due to accident, traumatic event, mental illness, dementia or Alzheimer's, etc., and does not have a Durable Power of Attorney and a Health Care Proxy, the only way to have their decision-making needs met is through a court-appointed "guardian" for personal and medical decisions and a "conservator" for business and financial decisions.

For elderly and families who need legal assistance with legal decision-making under Durable Power of Attorney, Health Care Proxy, guardianship and/or conservatorship, contact the law firm of Center for Elder Law and Estate Planning.

We help elderly who are facing an urgent health care issue today and those who have decided to plan for tomorrow. In the Greater Boston and Eastern Massachusetts area, call the lawyers at Center for Elder Law and Estate Planning at 888-784-0864 or contact us online, serving the greater Boston area, South Shore and eastern Massachusetts.