Massachusetts Heath Care Proxy
Legal Problems that can Arise When This Document Does Not Exist

Under a Massachusetts Heath Care Proxy, an adult (know as the "principal") can appoint another adult as "health care agent" for the purpose of making medical and health care decisions if these decisions cannot be communicated. A health care agent is authorized to make all decisions, involving the health care of the principal, that the principal could otherwise make if he or she were able to do so (unless the proxy itself limits this power).

Because the initial health care agent may not be able to serve (he or she has died, or is incompetent, etc.) it is always wise to have at least one back up named. The Health Care Proxy Statute in Massachusetts is G. L. ch. 201D. Below, please find some frequently asked questions about the Massachusetts Health Care Proxy:

What are the Requirements for a Heath Care Proxy?

What Standards Can Help the Agent Make Decisions?

How is a Heath Care Proxy Revoked?

What Standard is Used to Determine an Agent's Liability?

What are the Requirements for a Heath Care Proxy?

To be valid, the Massachusetts Heath Care Proxy must be in writing, signed by or for the principal, and signed by two witnesses who must attest that the principal is at least age 18, of sound mind and under no constraint or undue influence. The health care agent may not be one of the witnesses. It is worth noting that, no one associated with a nursing home or hospital where the principal is a resident or patient may be the agent unless he or she is related to the principal by blood, adoption or marriage.

In addition, A Massachusetts Heath Care Proxy must meet the following four requirements:

• The document must name the principal and the agent;

• The proxy must state the principal's intent that the agent shall have authority to make health care decisions on behalf of the principal;

• The principal must state what limitations, if any, the principal imposes on the agent's authority; and

• The document must state that the agent's authority commences only if it is determined, that the principal lacks the capacity to make his or her own health care decisions.

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What Standards Can Help the Agent Make Decisions?

One of the most challenging aspects of executing a Massachusetts Heath Care Proxy into is determining accurately how the principal would direct his or her health care if he or she were competent to make or communicate such decisions. If the principal has not provided any specific guidelines within the four corners of the proxy, the statute sets forth the following standard: "The agent shall first consult with health care providers and shall consider fully all acceptable medical alternatives regarding the principal's diagnosis, prognosis, treatments and side effects; then, the agent shall make a health care decision in accordance with his or her assessment of the principal's wishes, if known, including the principal's religious and moral beliefs, or if the principal's wishes are unknown, in accordance with his or her assessment of the principal's best interests."

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How is a Heath Care Proxy Revoked?

A principal can revoke a Massachusetts Heath Care Proxy at any time by giving notice orally or in writing to the agent or to one of his or her health care providers. Making a new Massachusetts Heath Care Proxy automatically revokes a prior one. Also, if the agent is the spouse of the principal, divorce or legal separation terminates the spouse's authority to act as agent.

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What Standard is Used to Determine an Agent's Liability?

Any agent acting in "good faith" will not be subject to criminal or civil liability for making health care decisions in accordance with the proxy. Any health care provider (or employee of such a provider) carrying out in good faith an agent's directive will neither be subject to criminal or civil liability nor be deemed to have acted unprofessionally.

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