Health Care Proxy vs. Living Will in Massachusetts

Health care proxy or living will: which one do you need in Massachusetts?

In Massachusetts, the health care proxy is the document that counts. Under M.G.L. c. 201D, it names a health care agent to make medical decisions for you if you cannot make them yourself, and it is legally binding when signed with two adult witnesses. Massachusetts has no living will statute, so a living will is not legally binding on doctors here, but it still gives your agent and your care team clear evidence of your wishes. Most people in Massachusetts sign a health care proxy and many add a written statement of their wishes to guide their agent.

Side by side

The Massachusetts health care proxy

Massachusetts' health care proxy law, M.G.L. c. 201D, lets any competent adult appoint a health care agent. The proxy must be signed by you, or by someone at your direction, in the presence of two adult witnesses, who also sign. The person you name as agent may not serve as a witness. The agent's authority begins only when your doctor determines that you lack the capacity to make health care decisions. See the Massachusetts Medical Society's guide to health care proxies and living wills.

The living will in Massachusetts

The Massachusetts Trial Court Law Libraries note that a personal directive or living will is not legally binding on your doctors in Massachusetts, but that it gives your care providers clear evidence of what you want. That is why many people write one anyway, and why many health care proxy forms leave room to state your wishes.

How they work together

Think of the health care proxy as naming who decides, and the living will as telling them how you would decide. Your agent uses your written wishes, your conversations and your values to make the choices you would make. Talk with your agent about your wishes, give copies to your doctors, and keep the originals where your family can find them.

Where the power of attorney fits

Neither document covers money. A durable power of attorney names an agent for financial and legal matters. See health care proxy vs. power of attorney and Massachusetts power of attorney.

Signing at home or in the hospital

We come to homes, hospitals, rehabilitation centers and senior living communities anywhere in Boston and across Massachusetts. We can also arrange witnesses for your health care proxy with advance notice, and notarize your power of attorney or will affidavit at the same visit.