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MASSACHUSETTS

Advanced Medical Directives

What is an Advance Medical Directive?

It is a legal document that allows you to name someone you know and trust to make your health care decisions, if, for any reason and at any time, you become unable to make or communicate those decisions. This person is referred to as your "Health Care Agent."

Types of advance medical directives:

1. A health care proxy is a legal document that enables you to appoint someone who is 18 years or older to make decisions about your care for you if you are unable to make those decisions for yourself. The person that you identify as your health care proxy has broad authority over your care and, as important, has access to all of your medical records. It does not need to be notarized.

2. Durable power of attorney designates a person who is 18 years or older to act in your behalf to make financial as well as medical decisions. This must be notarized.

3. A living will is an advance directive that allows you to give general guidelines, such as requesting no life-support if you are terminally ill, or specific instructions, such as banning the use of a breathing tube. While in Massachusetts it is not legally recognized in the same way as a health care proxy, the living will defines the limits of intervention as determined by you, therefore providing crucial information and directions for the person who will step in as your health care proxy. Your health care proxy can use this document and use what they know about you personally and statements you have made in the past to make decisions.

Who can I name as my agent on a proxy?

Any competent adult 18 years of age or over. A close family member or friend that will be available to communicate with your caregivers. This person cannot be an employee, administrator, or operator of a facility such as a hospital or nursing home where you are a patient, unless that person is also related to you by blood, marriage, or adoption.

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Each of these documents is very important to you and your family if you ever become mentally incapacitated. Why leave your loved one guessing what you would have wanted done? Assist them in difficult times with very difficult decisions. You do not want your family ending up in court battling over what is the best course of action for you.

In addition to your physician and hospital, you should provide copies of your advance directives to immediate family members, and to your durable power of attorney for health care.

We will be glad to draw up these documents for you in conjunction with your Will.

For more information regarding your Will, please see the MA Wills page.

Your initial consultation is always free.

General Inquiries: email us at ContactUs@ManningSmithLaw.com