MASSACHUSETTS LEGAL INFORMATION

Notice

The State of Massachusetts does not specifically have a Living Will or Advance Medical Directive statute. However, Massachusetts does have a statute allowing for the designation of a health care "proxy" who may make decisions on behalf of the maker should he or she become incapable of participating in his or her own health care decisions. Thus, the below information relates to the naming of a health care "proxy" under Massachusetts law. Also, there is nothing in Massachusetts law that prevents an individual from executing a Living Will form as used in other states and combining that declaration with a naming of a health care proxy. The standard MedLawPlus.comŽ form combines both a Living Will declaration with the naming a health care agent or proxy.
For more information, see Living Wills in Massachusetts by Hamill & Gray.

Health Care Proxies

Witnesses: Two witnesses are necessary to the signature of the maker;

Who may be a witness? There are no restrictions under Massachusetts law regarding who can be a witness to the naming of a health care proxy except that the health care proxy cannot serve as a witness.
Massachusetts Statutes, Chapter 201D: Section 2.

Notary: There is no express provision in the Massachusetts statutes requiring that the naming of a health care proxy be notarized; however, it is highly recommended that your document be notarized to ensure that it is accepted by medical personnel in an emergency situation;

Must health care agent sign form? No requirement that health care agent sign form;

Massachusetts Statutes containing health care proxy requirements: Chapter 201D, Sections 1 through 17.

Brought to you by MedLawPlus.com® -- Online form: Living Will Price: $8.99 (free trial)

---

Library of Informational Legal Articles

• How to write a Last Will
• Intestate Succession Laws (USA)
• How to write a Durable Power of Attorney
• Power of Attorney Execution and Contractual Capacity
• How to write a Living Will
• Step-by-step instructions for LLC Formation in all states
• Step-by-step instructions for Corporate Formation in all states
• How to Choose a Business Entity
• How to write Confidentiality and Non-compete agreements
• The HIPAA Privacy Rule: Contracts for "Business Associates" of "Covered Entites"
• Divorce Laws of US States
• Shopping for a personal injury lawyer

DISCLAIMER The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This service is not a substitute for the advice of an attorney and we encourage users to have all documents created on our site reviewed by an attorney. No attorney-client relationship is established by use of our online legal forms system and the user is not to rely upon any information found anywhere on our site. THESE FORMS ARE SOLD ON AN "AS IS" BASIS WITH NO WARRANTIES OR GUARANTIES. If you wish personal assistance in deciding whether the document found on our site is right for you or desire representations and warranties upon the legality of the document you are purchasing in the jurisdiction you will be using it, contact an attorney licensed to practice law in your state.