Massachusetts Health Care Proxy

A Health Care Proxy creates a fiduciary relationship between the principal and the agent. The document gives the agent authority to make medical and health care decisions for the principal, but only if the principal is incapacitated. Health Care Proxies may also contain directives regarding the principal’s wishes concerning end-of-life decisions, such as decisions concerning whether or not to continue or even commence life support measures.

• Family Matters. Doctors may look to your family members for input, but if family members are not in agreement, it could lead to conflict and/or result in decisions that you would not have made for yourself. A Health Care Proxy can eliminate those conflicts and difficulties.
• Guardianship Avoidance/Privacy. Often a Massachusetts Health Care Proxy avoids the need for a guardianship and reduces or eliminates the delay, expense, and emotional turmoil sometimes associated with guardianships.
• Alternate Agents. Only one health care agent can serve at one time, but alternate agents can be named, and are recommended.
• Termination. A Health Care Proxy can be revoked in any one of the following ways:
  1. Agent’s receipt of notice of revocation;
  2. Death of the principal;
  3. Divorce or legal separation, if the spouse is the agent; or
  4. Principal signs a new Health Care Proxy.