Legal Question in Health Care Law in Massachusetts

Re: What form should I use?

Strictly speaking, the only form you downloaded that is a MA form is (maybe) the durable power of attorney. A "living will" in MA law is called a "Health Care Proxy," and is more limited than living wills in some states.

A durable power of attorney has 2 varieties: one takes effect immediately, one takes effect only when the designator becomes incompetent. There are also limited and general powers of attorney.

The MA Health Care Proxy has a basic outline set by statute and every lawyer and hospital has his/its own version. Make sure the form you use has specific language referring to the HIPPA standards.

Doctors expect a very different document than most lawyers who have little experience in this field. They talk medical talk, lawyers talk lawyer talk and most patients don't have a clue what either of them are talking about.

I strongly advise you to use me or some other lawyer who can 1) determine if your father understands enough to sign the form, 2) explain to your father and you what it means and what the alternatives or choices are that have to be made and 3) make sure it complies with state and federal law. While the forms may appear simple, they are used in complex situations and need to be prepared by someone who knows how to do it.