Your Guide To Health Care Proxy In Massachusetts

There may come a time when you will not be able to handle your own health care decision making. A living will helps to guide your health care proxy in making health-related decision in order to ensure that your wishes are followed by doctors and other medical providers.  It is  not a legally binding document in Massachusetts but is still a  highly valuable “personal directive.”   It acts as a detailed instruction guide outlining your end-of-life care preferences for your medical team and your chosen Health Care Agent , such as providing your values regarding treatments like CPR, blood transfusions, mechanical ventilation and feeding tubs.  Massachusetts law relies on the Massachusetts Health Care Proxy to make medical decisions. This legally appoints an Agent to act on your behalf if you become incapacitated.

.In this article, our Norwood advance directive lawyer provides a guide to the health care proxies in Massachusetts.

Know the Law: Health Care Proxy in Massachusetts 

The Commonwealth regulates health care proxies through the Massachusetts Health Care Proxy Law. A competent adult may appoint an agent to make health care decisions in the event of incapacity. In order to put a health care proxy in place, there must be:

• A written document;
• Signed by the principal; and
• Signed by two witnesses. Execution requires a written instrument signed by the principal in the presence of two adult witnesses.

Notably, the witnesses must attest that the principal appeared to be of sound mind and free from duress. The statute disqualifies certain people from serving as witnesses, including the appointed agent. With that being said, notarization is required under Massachusetts law. 

What to Know About Scope of Agent Authority (Decision Making Power) 

A valid health care proxy grants the agent broad authority to make medical decisions on behalf of the principal once the proxy becomes active (M.G.L. c. 201D, § 5). The agent must make decisions in accordance with the principal’s known wishes, including any expressed preferences regarding life-sustaining treatment. If those wishes are not known, the agent must act in the principal’s best interests, taking into account medical advice and the principal’s values. In other words, the health care proxy is tasked with doing what is best for the vulnerable, incapacitated person consistent with that person’s actual wishes. 

Activation, Revocation, and Limitations of a Health Care Proxy 

A health care proxy in Massachusetts does not take effect immediately upon execution. It becomes operative only upon a determination of incapacity by the principal’s attending physician, or in some cases by two physicians. Notably,  the principal retains the right to revoke the proxy at any time, regardless of mental or physical condition, through any act evidencing intent to revoke. Revocation may occur orally, in writing, or by execution of a subsequent proxy. 

Understanding the Relationship Between the Health Care Proxy and a Living Will 

Massachusetts does not formally recognize living wills by statute in the same manner as some other states. With that being said, such documents can still serve as evidence of a patient’s preferences. A health care proxy operates as the primary legal mechanism for decision-making authority. Physicians and health care facilities must make reasonable efforts to determine whether a valid proxy exists and to include it in the medical record. If a provider refuses to comply with an agent’s decision on moral or professional grounds, the provider must promptly transfer care to another provider willing to honor the directive. 

Contact Our Massachusetts Health Care Proxy Lawyer Today

At Fisher Law LLC, our Massachusetts estate planning attorney has the skills and experience to help you and your family navigate the full range of issues related to health care proxies. Please do not hesitate to contact us for a strictly confidential case review. Our firm is located in Norwood and we provide estate planning services throughout the Greater Boston area.

Source:

malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter201d/Section5