What Is The Legal Process For Advance Directives In Massachusetts

Do you want to have control over what happens to your medical care even if you cannot vocalize your wishes at a given moment? You need a comprehensive incapacity plan as part of your estate plan. Among other things, that includes setting up advance directives (a living will). At Fisher Law LLC, we have extensive experience with living wills. Here, our Norwood advance directives attorney provides an overview of the legal process of advance medical directives in Massachusetts.

Know the Law for Advanced Directives (Living Wills) in Massachusetts 

Notably Massachusetts does not have a specific single statute for advanced directives (living wills). Instead, the Commonwealth recognizes several documents that collectively serve as advance directives. Here is an overview:

• Health Care Proxy: Perhaps the most important legal tool for advance directives in Massachusetts is the Health Care Proxy form. It is regulated by Massachusetts General Laws Chapter 201D. The document allows you to appoint another person (a health care agent) to make medical decisions on your behalf if you lose the ability to make or communicate them.
• Written Statement of Wishes (Persuasive, but Not Always Binding) In addition to a proxy, individuals can create written statements outlining their treatment preferences, including end-of-life care, resuscitation, or artificial nutrition. Massachusetts is unusual because it does not have a statute that legally recognizes or enforces a “living will” as a binding document. With that being said, non-statutory living wills (advance directives) are still useful. They serve as strong evidence of your intent and guide your health care agent, family members, and medical providers when interpreting your wishes.
• Massachusetts Does Recognize MOLST: You may execute a Medical Orders for Life-Sustaining Treatment (MOLST) form in consultation with a doctor or nurse practitioner. The MOLST applies to people with serious illnesses and converts treatment preferences into actionable medical orders. The MOLST gives enforceable instructions to providers. It is enforceable for patients with serious illnesses and acts as a physician’s order rather than a directive. 

How to Execute a Legally Valid Health Care Proxy in Massachusetts 

In order to execute a valid Health Care Proxy in Massachusetts, you must be at least 18 years old and of sound mind. Notably, under Massachusetts law, the proxy document must be in writing, signed by the principal, and witnessed by two adults. Witnesses cannot be the appointed agent. Among other things, it must clearly name the health care agent and grant them authority to act if you are incapacitated. Once executed, it should be distributed to your primary care provider, attorney, and close family members, and included in your medical record. While notarization is not required by law, it can be effective. 

Consult With Our Boston Advance Medical Directive Lawyer Today

At Fisher Law LLC, our Massachusetts estate planning attorney is standing by, ready to protect your rights and your interests. If you have any questions about advance directives, please do not hesitate to contact us today for a completely confidential initial consultation. With an office in Norwood, we provide estate planning representation throughout the Greater Boston area.