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Health Care Proxy
How do I get a health care proxy?
A health care proxy is a simple legal document that allows you to choose someone to make medical decisions for you, if, for any reason, you are unable to make these decisions yourself. The person you choose (your "agent") must be at least 18 years old, and should be someone you know and trust to act in your best interest. You can give your agent the authority to make all medical decisions for you, or you can limit your agent's authority by including a list of specific medical treatments you would accept or reject.Your health care proxy will take effect only if your physician declares in writing that you are unable to make your own decisions. This could happen if you were unconscious or in a coma, or mentally incompetent, for example. Your agent would then be allowed to talk to your doctors about your health, and would have the authority to accept or refuse treatment for you.
You do not need a lawyer to complete a health care proxy. You can fill out the form yourself. The only requirement is that you sign your health care proxy in front of two adult witnesses. (Your agent cannot be a witness.) Once you have signed the form, you should give a copy to your agent, your doctors, family members, and any health centers where your medical records are kept. You may change your health care proxy at any time.
You can get more information and a copy of the health care proxy document online:
- Massachusetts Health Care Proxy: Information, Instructions, and Form
- from the Massachusetts Medical Society
- Health Care Proxy
A health care proxy is also called a "durable power of attorney for health care." Rules about health care proxies can be found in the Massachusetts General Laws Chapter 201D. HEALTH CARE PROXIES.
For more info see MassResources.org>>
Power of Attorney
How do I get a power of attorney?
A power of attorney is a legal document in which you give another person (your "agent") the right to handle financial and legal matters for you. The person you name as your agent must be 18 years of age or older and can be a family member or close friend. The person you choose should be someone you trust with your money and other possessions.- Giving someone else the power of attorney does not mean you give up your own rights. You can still handle your own financial and legal matters, and you can revoke the power of attorney at any time. The power of attorney ends upon your death.
- In Massachusetts, the power of attorney may be general or limited. A general power of attorney gives your agent all of the rights that you have in handling your financial matters. A limited power of attorney gives your agent only the rights you list in the document. For example, you may authorize someone to sign a particular legal document for you while you are out of town.
- A power of attorney does not give your agent the right to make medical decisions for you. You must have a health care proxy for this purpose.
- A power of attorney can be written to go into effect right away, or at a later date.
- A regular power of attorney stops being in effect if you become incompetent. If you want the power of attorney to go into effect, or remain in effect, if you become incompetent, you must have a durable power of attorney.
- Rules about durable powers of attorney can be found in the Massachusetts General Laws Chapter 190B, Article V, Protection of Persons Under Disability and Their Property, Sections 5-501 and 5-502.
You can get a power of attorney form from your local ASAP or Legal Services office. Legal Services offers free legal help to seniors age 60 or older.
- Massachusetts Area Agencies on Aging (AAA's) and Aging Service Access Points (ASAP's) listing.
- Find Legal Aid / Directory (MassLegalServices web site)
For more info see MassResources.org>>
Conversation Starter Guide Video Walkthrough
How to talk about what matters to you and have a say in your healthcare. Listen to an audio version of the Conversation Starter Guide. If you would like to read along or download the guide for later you can access it for free by going to our website: https://theconversationproject.org/get-started
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