Legal Question in Health Care Law in Massachusetts
Selection of health proxy
Please help me! My adult son (age 27) was injured in an accident in Colorado resulting in a traumatic brain injury. He has been in a coma for seven weeks. Day three of my son�s injury, a family meeting was held to discuss his prognosis. The question of proxy was raised and I stated that I felt I would be best suited to be my son�s proxy. My ex-husband and his sister were not in agreement and a negative statement was made. My adult daughter walked out and I followed without finishing our meeting. My ex-husband returned to Massachusetts after two days and has not been back since. I have spent 27 days in CO making decisions regarding my son�s care; however, I was informed that at the family meeting (when I was not present) my ex-husband was named proxy. Was this decision legal without my knowledge especially since I have been meeting with his neuro and medical team as well as giving consent for surgeries? My concern is that I am working with different agencies to transport my son closer to friends and family, however, I don�t know what my legal rights are. Ironically, when addressing the issue of proxy, the social worker asked me what my ex-husband�s name was because she has never met him. Thanking you in advance.
1 Answer from Attorneys
Re: Selection of health proxy
I am so very sorry for your son's current medical situation, which sounds dire.
The only person who can name your ex-husband as your son's Health Care Proxy is your son. If your son lacked capacity, he did not execute a valid Health Care Proxy, and a person (your ex-husband) may not appoint themselves as Health Care Proxy of another.
Under the facts as you have presented them, the Proxy is void.
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