Answers
to common questions about the Health Care Proxy Law in Massachusetts.
 |
How did the Health
Care Proxy Law first come about? |
In 1986, the state’s highest court first
recognized the right to decline extraordinary treatment to
sustain life. This landmark case led to the adoption of a new
Health Care Proxy Law in the Commonwealth in 1990. You can
read the full text of the law under Massachusetts General
Laws, Chapter 201D, by clicking on the link to the left.
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What’s the difference
between this and a ‘living will?’ |
Documents and forms used for legal matters
vary from state to state. The Massachusetts version of a ‘living
will’ is the health care proxy.
|
Where can I obtain a
health care proxy form? |
Aside from here on our website and at the
links we have provided, most doctors offices and hospitals
also have forms that you can obtain for free.
|
Do I need to hire an
attorney to help me fill out the form? |
Some people do choose to consult with an
attorney in order to obtain professional legal advice on this
and other issues related to health care and estate planning.
There is no requirement to do so, though. The health care
proxy form is written in fairly straightforward language, and
is easy to complete. You simply need two people to act as
witnesses as you name your proxy and sign the form.
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Exactly what power and
authority am I giving my proxy? |
The law allows the person that you name to
make decisions about your health care if you are ever
incapacitated or unable to speak for yourself. This does not
happen, though, until a doctor declares in writing that you
lack the ability to make or communicate sound medical
decisions. As this person will be speaking and acting on your
behalf, it is certainly wise to spend some time describing and
explaining your wishes with your agent well in advance.
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Do I need to file the
form with the court? |
No. You keep the original in a safe place,
while a copy is provided to your agent. Copies should also be
given to whomever you trust and who would be concerned about
your medical care, such as your doctor, other family members,
your attorney, a member of the clergy, etc. |
