Health Care Proxy Attorney, Massachusetts

A health care proxy is a legal document that allows you to name a person (called a health care agent) to make health care decisions for you in the event that you are not able to do so for yourself. This document takes effect only if your physician has determined in writing that you lack the capacity to make or communicate health care decisions.

Any competent adult (18 or older) may serve as a health care agent, except the operator, administrator, or employee of a facility where you are a patient at the time you complete the health care proxy form — UNLESS that person is related to you by blood, marriage, or adoption.

Acting with your authority, your Agent can make any health care decision that you could, if you were able, and has the legal right to get any information, including confidential medical information, necessary to make informed decisions for you.

As an exception to the other states, Massachusetts recognize only the Health Care Proxy (HCP) as the basis for health care decisions and not Living Wills. If a person has a Living Will from another state, a valid Health Care Proxy must also be in place to be effective in Massachusetts.

All adults, certainly both you and the elders in your care, should have a health care proxy to deal with the possibility of an accident or illness that would make it impossible to communicate choices concerning treatment.

Once a health care proxy is completed and an agent identified, the next step should be to discuss the elder’s health care wishes so that the agent will know how to frame decisions on her/his behalf.