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What is a Health Care Proxy?

In Massachusetts, Health Care Proxies are an important part of a personalized and comprehensive estate plan. Some frequently asked questions below:


1. What is a Health Care Proxy?

A Health Care Proxy is a document you sign creating a Health Care Proxy, i.e., a person, sometimes also called a Health Care Agent, who can make medical decisions for you in the event that you are unable to communicate your wishes. Examples include an accident that leaves you in a coma or when you are under anesthesia during surgery and an unforeseen situation occurs. The Health Care Proxy must be signed in front of two adult witnesses who are not your agents, but it does not need to be notarized.

2. Who should I pick as my Health Care Agent?

Pick the person you trust should you find yourself in a situation where you are not competent to give medical instructions or consent. You can also provide an alternate in the event the first person is unavailable.

3. Why would I need a Health Care Proxy if I have no health issues at this time?

The best time to prepare a Health Care Proxy is when you have the time to thoughtfully plan out and discuss your wishes with your prospective Health Care Agent.

For additional information see the following:


Massachusetts Law about Health Care Proxies and Living Wills


Massachusetts Medical Society: Health Care Proxy Information and Forms


If you would like a free initial consultation to discuss creating your personalized comprehensive estate plan, please contact the Law Offices of Martin I. Flax, P.C. at flaxlaw@gmail.com.


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