Medical Power of Attorney in Massachusetts
How to name a health care agent in Massachusetts: signing and witness rules, the official form if the state has one, and how it relates to a living will.
Short answer: Massachusetts uses a 'health care proxy.' Every competent adult may appoint a health care agent by signing a written health care proxy (or having it signed at their direction) in the presence of two adult witnesses, who sign and affirm in writing that the person appeared to be at least… M.G.L. c. 201D, §§ 2, 5
| Medical power of attorney | Massachusetts uses a 'health care proxy.' Every competent adult may appoint a health care agent by signing a written health care proxy (or having it signed at their direction) in the presence of two adult witnesses, who sign and affirm in writing that the person appeared to be at least 18, of sound mind and under no constraint or undue influence. The person named as agent cannot be a witness. An alternate agent may be named. The agent can make any health care decision the person could make, including about life-sustaining treatment, subject to any limits written in the proxy, and must follow the person's known wishes, including religious and moral beliefs, or otherwise their best interests. Source: M.G.L. c. 201D, §§ 2, 5 |
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| Health care directive | Any competent adult may appoint a health care agent by signing a health care proxy in writing, in the presence of 2 adult witnesses who sign and affirm that the principal appeared to be at least 18, of sound mind, and under no constraint or undue influence. The person named as agent cannot be a witness. An alternate agent may be named. Massachusetts law provides for the health care proxy; there is no separate living will statute in the sections reviewed. Source: M.G.L. c. 201D, § 2 |
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FAQ
How do I make a medical power of attorney in Massachusetts?
Massachusetts uses a 'health care proxy.' Every competent adult may appoint a health care agent by signing a written health care proxy (or having it signed at their direction) in the presence of two adult witnesses, who sign and affirm in writing that the person appeared to be at least 18, of sound mind and under no constraint or undue influence. The person named as agent cannot be a witness. An alternate agent may be named. The agent can make any health care decision the person could make, including about life-sustaining treatment, subject to any limits written in the proxy, and must follow the person's known wishes, including religious and moral beliefs, or otherwise their best interests.
What are the requirements for a health care directive in Massachusetts?
Any competent adult may appoint a health care agent by signing a health care proxy in writing, in the presence of 2 adult witnesses who sign and affirm that the principal appeared to be at least 18, of sound mind, and under no constraint or undue influence. The person named as agent cannot be a witness. An alternate agent may be named. Massachusetts law provides for the health care proxy; there is no separate living will statute in the sections reviewed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.