Boston Massachusetts Health Care Proxy Living Will
Description
How to fill out Massachusetts Health Care Proxy Living Will?
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FAQ
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.
A Health Care Proxy is used to name an individual who has the legal agency to step in and make your medical decisions if you become incapacitated. A Living Will is used to communicate your wishes and decisions regarding your future medical care should you become incapacitated.
No, a lawyer or notary is not required and you do not need to file your completed Proxy with any state or government agency.
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.
Like the name suggests, a living will deals with end-of-life affairs while you're alive (unlike a regular will which comes into effect after death). While your will is guaranteed to come into effect some day, a living will is only there if you need it.
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.
Types of Advance Directives The living will.Durable power of attorney for health care/Medical power of attorney.POLST (Physician Orders for Life-Sustaining Treatment)Do not resuscitate (DNR) orders.Organ and tissue donation.
Under Massachusetts law, a will must be filed with the court within 30 days after the death of the testator. M.G.L. c. 190B § 2-516.
The person you appoint as your proxy cannot serve as a witness. You do not need to notarize your Massachusetts healthcare proxy.
In order for the will to be valid, it must either be signed by the testator or signed by someone else in the testator's presence and at the direction of the testator (if the testator is not able to sign the will themselves).
