There are a few ways that a health care proxy may be revoked. It can be revoked if one of the following events occur: 1. If you sign a different health care proxy at a later date, 2. If you divorce or legally separate your spouse who you had named in your health care proxy…
Gabriel Cheong, Esq., Infinity Law Group LLC,
One Adams Place Suite 400
Quincy,
MA
02169
Work
(617) 273-5110
Is a health care proxy required once one checks in at the hospital?
There is no requirement to sign a health care proxy however, it is highly recommended in order to prepare for difficult situations and eliminate any problems. While it is not required to sign a proxy, the Patient Self-Determination Act which was passed in 1990 requires hospitals, nursing homes, and other health care institutions to provide…
Massachusetts Gun Trust
If you own a firearm in Massachusetts, you will know that we are one of the strictest states when it comes to gun ownership. License to Carry are hard to come by, especially around the Boston Metro area. Even if you’re further away from Boston, gun permits are given out at the discretion of the…
I just turned 18 years old. Should I execute a health care proxy?
Yes, health care proxies are not just for the elderly or those with kids. Once someone turns eighteen years of age, their parents are no longer entitled to make health care decisions on their behalf. Furthermore, they are not even allowed to obtain their son or daughters confidential medical information. Therefore, once one turns eighteen…
Can I mention an organ donation in my will?
Yes, Massachusetts has adopted the Uniform Anatomical Gift Act which says that any person over 18 years old may make a gift of his or her body or any part of their body upon their death to a hospital, physician, surgeon, medical school, etc. This gift can be made by a card, a written form,…
How the President’s New DOMA Stance Affects Your Estate Plan
In short, it doesn’t. For a more comprehensive explanation of DOMA (The Defense of Marriage Act) and how it affects same-sex couples, see my post The Beginning of the End of DOMA. President Obama directed the Justice Department to stop defending DOMA in court but the Justice Department will continue to enforce it. This is a very…
Essential Documents for Same-Sex Couples
The must-have documents for any same-sex couple, whether they are married, in a domestic partnership, civil union, or unregistered life partner, are as follows: Will. Each person must have a will – even if you’re married. A will allows for you to dictate where your possessions go after you die. For couples that are not…
Does my adopted child have the same rights as my biological child when it comes to inheritance?
Yes, M.G.L. ch. 210 §7 says that a person that has been adopted under M.G.L ch. 210 has the same rights to inheritance and to intestate as he/she would have if they were born to such parent in lawful wedlock. Therefore, no specific reference that the child is adopted in the will is needed.
What if I have a child after I execute my will and they are omitted from the will?
This will not revoke the will but it may need to be modified. The general rule is that if you omit one of your children from your will, a child born before or after the execution of a your will may still claim their intestate share from the estate. However, if it appears that the…
