What is a Massachusetts health care proxy?

A document by which a competent adult appoints a health care agent, signed by the adult or at the adult's direction in the presence of two other adults, who sign as witnesses and affirm in writing that the principal appeared to be at least eighteen years of age, of sound mind and under no constraint or undue influence; a person named as the health care agent may not witness it, and an alternate agent may be designated (G.L. c. 201D, § 2). It is separate from the trust and from a financial power of attorney.

Does Massachusetts have a living will statute?

Not a separate one: Massachusetts's statute for health care decisions is the health care proxy (G.L. c. 201D, § 2). The agent makes any health care decision the principal could make, including decisions about life-sustaining treatment, subject to any express limitations in the proxy, and decides in accordance with the agent's assessment of the principal's wishes, including religious and moral beliefs, or, if those wishes are unknown, the principal's best interests (G.L. c. 201D, § 5). The proxy concerns health care decisions, not property.

Can an agent under a power of attorney change my trust?

Only to the extent the terms of the trust and the power expressly authorize it: a settlor's powers with respect to revocation, amendment or distribution of trust property may be exercised by an agent under a power of attorney only to that extent (G.L. c. 203E, § 602(e)). An agent is not thereby a successor trustee: when a trust has no remaining trustee, the vacancy is filled by the person the terms designate as successor, then by a person the qualified beneficiaries appoint by unanimous agreement, then by the court (§ 704(c)).

Massachusetts Powers of Attorney & Advance Directives

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What advance directives are

Advance directives are documents you sign while you have capacity that let trusted people make decisions for you — financial and medical — if illness or injury later prevents you from deciding yourself. Without them, your family may have to ask the Massachusetts Probate and Family Court to appoint a guardian or conservator, which takes time and expense.

The core Massachusetts documents

Power of attorney for finances

Authorizes an agent to handle your finances and property. The agent may exercise your powers to revoke or amend a trust or to distribute its property only to the extent both the terms of the trust and the power of attorney expressly authorize it (G.L. c. 203E, § 602(e)) — so who you name, and what you grant, matters.

Health care proxy (G.L. c. 201D, § 2)

Names a health care agent to make health care decisions for you, in a health care proxy any competent adult may sign — in writing, signed in the presence of two adult witnesses who affirm in writing that you appeared to be at least eighteen, of sound mind and under no constraint or undue influence; the person you name as agent may not act as a witness, and you may name an alternate agent (G.L. c. 201D, § 2).

Your treatment wishes: no separate living-will statute

Massachusetts's statute for health care decisions is the health care proxy (G.L. c. 201D, § 2); there is no separate living-will statute. A written statement of your wishes about treatment can tell your health care agent and your doctors what you want, though the law gives it no statutory form of its own — a licensed Massachusetts attorney of your choosing can explain how it fits with your proxy.

Guardian nomination & HIPAA authorization

If a guardianship or conservatorship ever becomes necessary, the Massachusetts Probate and Family Court decides who serves, and a written statement of whom you would want can inform that choice; a HIPAA authorization lets named people receive your medical information. Often added to round out the set.

Why you need these even with a Trust

A revocable living Trust handles the assets inside it, but it does not make medical decisions, and it doesn't cover assets you never transferred in. Advance directives fill those gaps — and together with a will and a Trust, they keep decisions in the hands of people you chose, not a court.

Putting the set together in Massachusetts

Which directives you need, and how they're worded, depends on your situation, your family, and your wishes. This page is general information, not legal advice. A free role check can show you where you stand, and a Massachusetts attorney can prepare directives that fit you.

General information about Massachusetts law, not legal advice.

Frequently asked questions

What is a Massachusetts health care proxy?: A document by which a competent adult appoints a health care agent, signed by the adult or at the adult's direction in the presence of two other adults, who sign as witnesses and affirm in writing that the principal appeared to be at least eighteen years of age, of sound mind and under no constraint or undue influence; a person named as the health care agent may not witness it, and an alternate agent may be designated (G.L. c. 201D, § 2). It is separate from the trust and from a financial power of attorney.
Does Massachusetts have a living will statute?: Not a separate one: Massachusetts's statute for health care decisions is the health care proxy (G.L. c. 201D, § 2). The agent makes any health care decision the principal could make, including decisions about life-sustaining treatment, subject to any express limitations in the proxy, and decides in accordance with the agent's assessment of the principal's wishes, including religious and moral beliefs, or, if those wishes are unknown, the principal's best interests (G.L. c. 201D, § 5). The proxy concerns health care decisions, not property.
Can an agent under a power of attorney change my trust?: Only to the extent the terms of the trust and the power expressly authorize it: a settlor's powers with respect to revocation, amendment or distribution of trust property may be exercised by an agent under a power of attorney only to that extent (G.L. c. 203E, § 602(e)). An agent is not thereby a successor trustee: when a trust has no remaining trustee, the vacancy is filled by the person the terms designate as successor, then by a person the qualified beneficiaries appoint by unanimous agreement, then by the court (§ 704(c)).

General information about Massachusetts law, not legal advice.