February 25, 2022

Don’t be like Britney Spears, be careful entrusting health, finances to others

BY Rachel Shannon Brown and Meredith PalmerWorcester Telegram & Gazette

It’s not every day that a pop superstar helps us to think about our futures. But, if anything can be learned from Britney Spears’ legal woes, it’s that we should be choosing, in advance, who we want to help us if a court thinks we can’t make decisions for ourselves.

Recent media stories have shared that Spears’ father and at least one other person had been permitted by California courts to make decisions about her day-to-day personal care, finances, medical treatment and work activities, leaving her with little to no control over her own life. Massachusetts has similar processes under its probate and family court system to appoint someone to make decisions for another person.

Specifically, a conservatorship is a legal process for appointing a person to assist with financial affairs when someone is unable to manage their money, property or business affairs. Another legal process – guardianship – is used for appointing a person to assist with personal affairs when someone is unable to make decisions affecting their physical health, safety or self-care. The result of these processes can be that a person is no longer able to manage their own life.

Thankfully, there are ways to select who can make decisions for you. For example, a durable power of attorney creates a “permission slip” of legal rights and powers to allow someone (the “attorney-in-fact”) to transact on your behalf. The powers granted to the person (or people) of your choosing can be limited or general and can take place immediately or at some point in the future. By establishing a durable power of attorney, you can identify, in advance, who you want to make non-healthcare decisions for you.

 A health care proxy is a document that authorizes someone (the “health care agent”) to make health care decisions for you in the event that you become incapable of making those decisions for yourself. Under a health care proxy, you make all of your own treatment decisions until you can no longer make or communicate those decisions. Then, the designated health care agent or agents step in on your behalf.

Of course, you should think carefully before either a durable power of attorney or a health care proxy. For the former, a durable power of attorney could equal entrusting someone with all of your assets and income, and it can be hard to undo the actions of an unscrupulous attorney-in-fact. For the latter, you need to make sure that your health care agent understands your feelings about healthcare and life-sustaining measures so that your wishes are fulfilled.

The battle to “Free Britney!” from her court-appointed decisionmakers was elaborate and contentious. Your loved ones could also face contentious processes if you haven’t decided, in advance, who you want to step in if you need help with making certain decisions. To that end, free legal assistance is available to income-eligible residents of Central and Western Massachusetts who are interested in setting up durable powers of attorney, health care proxies, wills, or who may need other legal help. Community Legal Aid’s pro bono programs and the medical-legal partnership have partnered with private bar attorneys to enlist volunteer services aimed at addressing these legal needs. For more information about Community Legal Aid or to apply for legal services, call (855) 252-5342 or visit www.communitylegal.org and click on “Get Help”.

Rachel Shannon Brown is senior supervising attorney of the Elder Unit and Disability Benefits Project at Community Legal Aid office in Worcester.

Meredith Palmer is pro bono director for Community Legal Aid office in Springfield.