What Is a Living Will?

A living will is a written document that outlines the specific type of medical care you wish to receive if you are no longer able to make or express medical decisions due to incapitation from illness, injury, or disease. A living will is sometimes called a personal directive.

What to Know About a Living Will in Massachusetts

A living will is not legally binding in Massachusetts. It’s important to note, however, that Massachusetts state law makes a health care proxy legally binding. A health care proxy is legal document in which you appoint a person to make health care decisions on your behalf if you are unable to make or communicate decisions yourself.

In Massachusetts and other states, living wills and health care proxies often go hand in hand. Once you express your wishes in a living will, the person you name as your health care agent can use the living will document to guide decisions you are unable to make on your own.

Living Wills, Health Care Proxies, and Estate Plans

A living will and a health care proxy are typically part of an estate plan. When you work with us to create your own estate plan, you can rely on our team to include a living will and a health care proxy in your estate documents.

The Conversation Project is a public engagement initiative from the Institute for Healthcare Improvement that promotes communication about end-of-life wishes so family members and loved ones can understand and respect those wishes. Their guide on choosing a health care proxy is one resource you can use to help you choose a health care proxy.

Choosing a Health Care Proxy

The Conversation Project outlines three steps for naming a health care proxy:

1. Pick a person
2. Have a conversation with that person
3. Add that person’s information to your official documents

They also advise picking just one person as your health care proxy, along with an alternate in the event your main proxy is not available for any reason.

Under the Massachusetts Health Care Proxy law, a health care proxy agent must be 18 years of age or older.

Health care proxy agents are often family members, but you don’t have to choose a family member. A health care proxy should be someone you can trust and someone who understands what’s involved in the role. That includes carrying out the health care decisions you want if you’re unable to speak for yourself.

For this reason, it’s important that your health care proxy has a copy of your living will along with the health care proxy document itself.

We can help you create a living will and a health care proxy document. Contact us at 978-725-9083 or atobin@adamtobinlaw.com to learn more about how we can help you or to schedule an appointment.