Creating a Health Care Proxy

At Amaral & Associates P.C., our experienced Massachusetts estate planning attorneys recognize the importance of the Health Care Proxy—a simple yet powerful legal document that grants a trusted individual the authority to make healthcare decisions when you cannot.

The Health Care Proxy allows you to designate someone as your medical agent, typically a relative or close friend, who understands and can advocate for the medical decisions you would make for yourself.

Massachusetts Health Care Proxy Laws

Under Massachusetts General Laws, Chapter 201D, any competent adult over 18 can use the Health Care Proxy to appoint a Health Care Agent. However, there are restrictions, ensuring the appointed individual is not associated with your healthcare facility unless related by blood, marriage, or adoption.

The Role of Your Health Care Agent

Your Health Care Agent steps in only when you are unable to make or communicate healthcare decisions. This can include situations where you are temporarily unconscious, in a coma, or facing conditions which could influence your decision-making ability or affect your ability to communicate.

The Agent acts with your authority, having the legal right to make informed decisions after consulting with your doctor or healthcare provider. They consider your wishes, religious or moral beliefs, ensuring decisions align with your values.

Revoking or Canceling the Health Care Proxy

Your Health Care Proxy is revocable under specific circumstances, such as signing a new one, legal separation or divorce from the named Agent, or expressing revocation to your Agent, doctor, or healthcare provider.

At Amaral & Associates P.C., our attorneys guide you through the process, ensuring your Health Care Proxy aligns with your preferences and providing peace of mind that your medical decisions are in trusted hands. Contact us today to learn more.