Legal Question in Health Care Law in Massachusetts

Re: Health Care Proxy

I should first point out that a Living Will and a Health Care Proxy are two different things. In fact, the two instruments can be used in tandem.

A Massachusetts Health Care Proxy is a legally enforceable document wherein one person (principal) appoints another person (agent) to make and communicate health care decisions on her behalf in the event she is deemed unable to do so.

A living will is an expression of ones wishes as to important end-of-life medical care and treatment, but is not legally enforceable in Massachusetts. A living will, however, can be very helpful to your named Health Care agent in carrying out one's wishes.

In this way, a Living Will does not replace or supersede a validly executed Health Care Proxy. Although a Health Care Proxy validly executed in 2005 would still be valid, it might not be a good idea to revisit the issue since a significant medical event is coming up. It might be a good idea to sit down with an estate planner prior to your mother's surgery to make sure everything is in order.

Please feel free to contact my office if I can be of any assistance.