Massachusetts Healthcare Proxy Laws 2025: What Bostonians Need to Know
If you want to ensure your medical preferences are respected during a time when you may not be able to communicate them, then you need to have a thorough understanding of Massachusetts healthcare proxy laws.
Explore this guide to learn more about these laws, the rights and responsibilities your proxy will have, and how to complete the essential healthcare proxy document. This can help you make informed decisions and take control of your future healthcare.
Taking tIf you want personalized guidance and expert assistance in navigating Massachusetts healthcare proxy laws, contact Albanese Law, LLC today. Let us help you secure peace of mind and ensure your healthcare decisions are respected.
What Is a Healthcare Proxy?
A healthcare proxy is a legal document that allows you to give another person the power to make medical decisions on your behalf if you become incapacitated. The appointed individual, known as the healthcare agent, must be at least 18 years old. Appointing a healthcare proxy ensures that medical choices align with your wishes and values when you can’t voice them yourself.
Helping You Understand Your Healthcare Proxy Laws
Important Components of Massachusetts Healthcare Proxy
There are various components that make up Massachusetts’s healthcare proxy that must be met. For eligibility and execution, the appointed healthcare agent must be at least 18 years old. You can also designate an alternate agent to step in if your primary agent is unavailable.
As far as executing the proxy, the following must be met:
- The proxy must be in writing.
- It must be signed by the person appointing the agent, known as the principal, or it must be signed at their direction.
- The proxy must be witnessed by two adults who affirm the principal is of sound mind and free from influence. The appointed healthcare agent cannot also serve as a witness.
The healthcare agent’s authority becomes active when a physician determines that the principal lacks the capacity to make healthcare decisions. This must also be in writing. The agent can then make medical and treatment decisions for the principal. This includes life-sustaining measures that align with the principal’s wishes.
In Massachusetts, a spouse, family member, or friend doesn’t automatically get legal authority for making healthcare decisions unless they’ve been appointed through a healthcare proxy.
Creating a Healthcare Proxy
When you’re ready to create a healthcare proxy, you’ll follow these few basic steps:
- Choose your agent. This involves selecting a trusted individual who understands your core values and is willing to act on your behalf.
- Complete forms. Next, you’ll fill out the official Massachusetts Healthcare Proxy form. You can download this form from the Massachusetts Medical Society. You can also acquire the form from your physician’s office or contact Massachusetts Health Decisions at 781-784-1966.
- Sign and witness. Sign the form in the presence of two adult witnesses who are not your appointed agent.
- Distribute copies. You must then provide copies to your healthcare agent, primary care physician, and other close family members so everyone is on the same page with your plans.
Considerations for Future Planning
In many states, individuals complete a living will to give healthcare power to another individual. However, Massachusetts does not legally recognize living wills. Instead, you can create a personal directive to guide your selected healthcare agent and providers on your preferred treatments and wishes.
You can also revoke your healthcare proxy at any time by notifying your agent and healthcare providers in writing.
Planning for your healthcare future is important. Studies show that over 65% of patients have no living will or healthcare proxy in the United States. Patients under the age of 65 are notably less likely to be prepared for future healthcare needs, as opposed to those over the age of 85. In contrast, 28% of home healthcare patients, 65% of nursing home residents, and 88% of individuals discharged from hospice care had an advance directive in place.
If you have questions or need assistance creating these important documents, the experienced team at Albanese Law, LLC is here to guide you through the process with personalized care and expertise. Contact Albanese Law, LLC today to schedule a consultation and take control of your healthcare planning.
FAQs
Q: What Is the Healthcare Proxy Law in Massachusetts?
A: Massachusetts law allows people to designate a healthcare proxy. This is simply a trusted individual authorized to make medical decisions on their behalf in the event they become incapacitated. The law requires the designation to be in writing, signed by the individual, and then witnessed by two adults. The healthcare proxy only becomes active when a physician determines that the creator is unable to make or communicate their healthcare decisions.
Q: What Is the Difference Between a Healthcare Proxy and a Power of Attorney?
A: A healthcare proxy authorizes someone to make medical decisions on their behalf if they become incapacitated. A power of attorney generally covers financial and legal matters in that event. In Massachusetts, a healthcare proxy is separate from a durable power of attorney. They’re also limited to healthcare decisions, such as choosing end-of-life care or consenting to treatments. Meanwhile, a power of attorney allows your chosen agent to manage your bills, property, and bank accounts.
Q: Is Your Spouse Automatically Your Healthcare Proxy in Massachusetts?
A: In Massachusetts, your spouse isn’t automatically your healthcare proxy. Doctors may still consult close family members in emergencies, but legal authority to make medical decisions on your behalf requires a formal healthcare proxy document. Without one, medical providers may seek a court-appointed guardian if there’s a disagreement among the family members or uncertainty about their wishes.
Q: Can a Family Member Override a Healthcare Proxy?
A: In most cases, a family member cannot override a valid healthcare proxy. The person named as the proxy has the legal authority to make medical decisions if the principal becomes incapacitated. However, if it becomes evident that the proxy is not acting in the principal’s interests, the court may intervene.
Contact a Massachusetts Estate Planning Lawyer Today
Having a plan for your future can make all the difference for your family during a difficult, emotional, and stressful time. One of the most important steps you can take for both you and your family involves creating a healthcare proxy. Without a healthcare proxy, your loved ones may face confusion or delays in care.
Contact the estate planning lawyers of Albanese Law, LLC, to schedule an initial consultation and discuss any questions you have about Massachusetts healthcare proxy laws. We can better guide you on how to create a legal healthcare proxy that’s tailored to your individual needs.
