COMPLETING YOUR MASSACHUSETTS HEALTH CARE PROXY
Whom should I appoint as my health care agent?
Your agent is the person you appoint to make decisions about your medical care if you become unable to make those decisions yourself. Your agent may be a family member or a close friend whom you trust to make serious decisions. The person you name as your agent should clearly understand your wishes and be willing to accept the responsibility of making medical decisions for you.
You can appoint a second person as your alternate agent. The alternate will step in if the first person you name as an agent is unable, unwilling, or unavailable to act for you.
How do I make my Massachusetts Health Care Proxy legal?
The law requires that you sign your document, or direct another to sign it, in the presence of two adult witnesses, who must also sign the document to show that they believe you to be at least eighteen years of age, of sound mind, and under no constraint or undue influence. The person you appoint as your agent cannot serve as a witness.
Note: You do not need to notarize your Massachusetts Health Care Proxy.
Should I add Instructions to my Massachusetts Health Care Proxy?
One of the strongest reasons for naming an agent is to have someone who can respond flexibly as your medical situation changes and deal with situations that you did not foresee. If you add instructions to this document it may help your agent carry out your wishes, but be careful that you do not unintentionally restrict your agent’s power to act in your best interest. In any event, be sure to talk with your agent about your future medical care and describe what you consider to be an acceptable “quality of life.”
What if I change my mind?
You may revoke your Health Care Proxy at any time by:
- notifying your agent or doctor orally or in writing;
- taking any action, such as tearing up or destroying the document that indicates your specific intent to revoke your Proxy; or
- executing another Health Care Proxy.
If you have appointed your spouse as your agent, and your marriage ends, your Health Care Proxy is automatically revoked.