UNDERSTANDING THE LAW
The Massachusetts statute on "Health Care Proxies" (Mass. Gen. L. Chap. 201D)
allows competent adults (18 years and older), to appoint someone else, such as a
family member or close friend, to make health care decisions should they become
incompetent. The document proxy is known as the "principal'. The person chosen
as the representative is known as the "health care agent".
YOU...
... HAVE THE RIGHT to make your own health care decisions while competent.
The health care proxy becomes effective only when you are incapacitated through
illness or accident and your physician determines in writing that you are incapable
of making health care decisions.
... HAVE THE RIGHT to be notified of such a written determination by your
physician, provided there is an indication that you can comprehend such notice.
Once notified, you have the right to challenge such a determination.
... CAN GIVE special instructions about your medical treatment to your agent and
can restrict the making of certain treatment decisions. Specific instructions about
any treatments/procedures you desire or do not desire under particular conditions
can be written in your proxy consent. Prior to making instructions, you are
encouraged to consult with your physician, your attorney, your family, and your
spiritual advisor.
...CANNOT, after you have applied to be admitted, or during your admission to a
hospital, nursing home, or other health care facility, designate as your agent an
operator, administrator or employee of such a facility unless that person is also
related to you by blood, marriage, or adoption.
...MAY REVOKE our health care proxy or the appointment of your agent at any
time while competent.
YOUR HEALTH PROVIDERS...
...ARE NOT required to honor your agent's decision if it is contrary to your
physician's moral or religious beliefs. In such event, you will be transferred to
another physician willing to honor your agent's decision, or your physician will seek
judicial relief from your agent's health care decision.
A health care facility is not required to honor your agent's health care decision if
it is contrary to the facility's formally adopted policy based on religious beliefs,
provided that the patient is transferred to another equivalent facility reasonably
accessible to family members who are willing to honor the agent's decision. If such a
transfer is not possible, the facility will be required to seek judicial guidance.
A specific doctor may not act as your attending physician and your agent at the
same time.
Both your health care providers and the health care facility are protected from
liability when acting in good faith.