Massachusetts Advance Directive Form [PDF]

An advance directive for health care is an essential document for future advance care planning as it ensures that the health care preferences of an individual are respected. This advance directive form includes both a living will and a health care proxy (durable power of attorney for health care).

In a living will, the principal specifies their wishes regarding medical treatments for situations in which they wouldn't be able to communicate those wishes. On the other hand, the durable medical power of attorney allows the individual to appoint an agent who will make medical decisions on their behalf if they become unable to do so.

Signing Requirements for Massachusetts Advance Health Care Directive

According to Chapter 201D, Section 2 of Massachusetts General Laws regarding advance directives for health care, the following requirements must be met for the document to be valid and legally enforceable:

Massachusetts Advance Health Care Directive Revocation & Changing

A Massachusetts advance directive becomes effective when an attending physician determines that the principal lacks the capacity to make or communicate health care decisions.

As stated in Chapter 201D, Section 7, a principal can revoke a health care proxy at any time by informing the agent or health care provider about it verbally or in writing or by taking any action that shows the intent to revoke the document.

Additionally, the Massachusetts health care proxy is automatically revoked if the principal signs a new health care proxy and if the principal gets divorced from the spouse who is acting as an agent.

When a physician learns about the revocation, they must record it in the principal’s medical record and inform the agent and any known health care providers about the revocation,  both verbally and in writing.

Additional Legal Considerations for Massachusetts Advance Health Care Directive

Chapter 201D, Section 10 states that no one is allowed to force or prevent an individual from creating a health care proxy as a condition for receiving health care services or insurance.

According to Chapter 201D, Section 11, advance directives for health care created in other states are valid in Massachusetts as long as they follow the laws of that state. However, health care providers are not required to enforce those advance directive forms if doing so would go against specific Massachusetts laws.

Chapter 201D, Section 14, specifies that a physician can refuse to follow a health care decision made by an agent if it conflicts with the physician’s moral or religious beliefs. However, the physician must transfer the patient to another doctor who is willing to honor the agent’s decision, and if that’s not possible, the physician can either seek a court ruling or comply with the agent’s wishes.

How to Choose a Health Care Agent in Massachusetts

To choose a health care agent in Massachusetts, it is important to select someone you trust and who is at least 18 years old and of sound mind. A health care agent cannot be your health care provider or an employee of your health care facility unless they are also a relative.

Look for someone who understands your values and preferences regarding medical treatment. So, it is crucial to discuss your wishes openly with a potential agent to ensure they can stand up for you effectively when the time comes.

What Happens if You Don’t Have an Advance Directive in Massachusetts?

If you don’t have an advance health care directive in Massachusetts, physicians can still rely on family members or other responsible people to make decisions for incapacitated patients, according to Chapter 201D, Section 16.

However, this does not mean that they will make decisions in accordance with your medical preferences and values, as they may not be familiar with them. Therefore, the safest option is to use an advance directive to ensure that the appointed agent, who knows your wishes, will act in your best interest.