Winthrop Healthcare Proxy Lawyer Helps You Keep Control Over Medical Decisions
Knowledgeable guidance on legal instruments that can be used if you are incapacitated
A healthcare proxy is an essential legal document that allows individuals to designate someone they trust to make medical decisions for them if they become incapacitated. In Massachusetts, creating a healthcare proxy is a straightforward process, especially when you receive advice from a knowledgeable estate planning lawyer. At Chapdelaine, Ryan & Associates in Winthrop, we have ample experience helping clients like you maintain control over their medical treatment by executing sound healthcare proxies.
What is a healthcare proxy?
In Massachusetts, a healthcare proxy is a legal instrument that a person, known as the principal, creates to name someone as their agent for the purposes of making medical decisions. When referring to life-prolonging measures, this document is sometimes called a living will. This power goes into effect if the principal is ever incapacitated due to illness, surgery or an accident. Should the doctor determine that their patient can no longer make or communicate decisions about treatment, the proxy would assume legal authority. Until such need arises, the principal retains full control over medical choices.
Why you need a healthcare proxy
Medical emergencies can occur at any time. A healthcare proxy ensures that your wishes are respected when you can’t speak for yourself. Without a proxy, family members who might not know your preferences must make decisions, and disagreements between loved ones could lead to unnecessary delay and conflict. A healthcare proxy puts someone in charge, provides clarity and averts additional turmoil at an already difficult time.
How to choose the right healthcare agent
Your selection of a healthcare agent is a deeply personal decision, but one you must make practically and logically. The right person should have these qualities.
- Knowledge of you and your priorities
- Ability to handle stress and make tough decisions under pressure
- Loyalty to your wishes, even when they run contrary to their own beliefs
- Availability and willingness to assume responsibility
Before appointing anyone, have a candid conversation with them about your medical preferences and learn whether they are comfortable assuming this role.
Legal requirements for creating a healthcare proxy in Massachusetts
Massachusetts law requires a healthcare proxy to be signed by the principal and witnessed by two adults, neither of whom is named as the agent.
To amend or revoke a healthcare proxy, you can:
- Sign a new proxy.
- Notify the agent or your doctor, orally or in writing, that you want to revoke the proxy.
- Demonstrate your intent to revoke authorization by destroying the document or telling witnesses.
If you divorce or legally separate from a spouse who is named as your agent, the proxy is void.
Communicating your wishes and storing the document
Once you've completed your healthcare proxy, it’s prudent to share your wishes with close family members to prevent confusion or conflict later on. As with all testamentary documents, such as wills and trusts, you should store the original in a safe, accessible space. You should distribute copies to your agent, your primary care physician and all pertinent healthcare providers. You might also consider keeping a copy in your hospital file and carrying a card in your wallet that identifies your agent with contact information.
A healthcare proxy is a valuable tool to protect yourself from uncertainty during emergencies. To ensure your document is accurate and enforceable, you can consult with a knowledgeable estate planning lawyer at our firm.
Contact an experienced estate planning lawyer for healthcare proxies in Massachusetts
Chapdelaine, Ryan & Associates in Winthrop has extensive experience executing healthcare proxies for clients in the greater Boston area. To discuss how to create a legal instrument tailored to your specific circumstances, please call 617-870-6728 or contact us online.
