MASSACHUSETTS HEALTH CARE PROXY 2025

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You appoint an Agent in a legal document called a Health Care Proxy. In Massachusetts, a spouse, family or friend does not automatically have the legal authority to make health decisions on your behalf unless appointed in a Health Care Proxy.
The health care proxy becomes effective only when you become unable to make decisions, as determined by a physician. Until then, you continue to be in charge of making your own health care decisions. It can be revoked orally, and you always have the right while competent to sign a new health care proxy.
The Bottom Line A healthcare proxy makes decisions related to healthcare on your behalf and can only act if you are medically or legally incapacitated. A power of attorney makes legal and financial decisions on your behalf and acts based on the scope of authority and under the conditions you have given them.
This means that your Agent can act for you if you are temporarily unconscious, in a coma, or have some other condition in which you cannot make or communicate health care decisions. Your Agent cannot act for you until your doctor determines, in writing, that you lack the ability to make health care decisions.
Family members or close associates may disagree with the agents decisions, but they have no standing. However, sometimes those relatives or friends may seek the support of a court in overturning the decisions of a proxy or having the individual removed entirely.
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