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It is important to note that Massachusetts is one of only three states in the country that does not recognize living wills as legally enforceable estate planning documents.
Massachusetts law does not recognize living wills- instead, you can draft and sign a health care proxy, giving a trusted individual the authority to make medical decisions on your behalf. You can, and should, give that person as much information as you can about what you want.
Who Can Make a Will in Massachusetts? Age: You must be 18 years old or older. Sound Mind: You must have a sound mind. Being of ?sound mind? means the person making the will understands what they own, who their natural heirs are, how they want to distribute their property, and that they are signing their will.
The only legal requirement is that you sign it in front of at least 2 witnesses and that those witnesses also sign the will. However, given the complexity of your personal circumstances and the impact that this document can have, you should consider working with a Massachusetts estate planning attorney.
No. Massachusetts is one of only a handful of states that do not allow legally binding living wills. If you write a living will in Massachusetts, your doctors are not legally obligated to follow your wishes. However, a living will can help health care providers and the courts make decisions about your medical care.
Massachusetts is one of only three states that recognizes Health Care Proxies but does not recognize Living Wills. Living Wills are still potentially useful because they guide Agents and physicians about the types of choices a person would make.