How do I appoint a surrogate to make medical decisions for me in Massachusetts?

✓ Accepted answer

To appoint a surrogate for medical decisions in Massachusetts, you must execute a Health Care Proxy document, which is the state-recognized legal instrument for this purpose. Unlike generic forms, this specific statute allows you to designate an agent to make decisions when you are incapacitated.

• Choose a Trustee and Backup: Designate one primary agent and at least one alternate to act as your surrogate. Massachusetts law does not require them to be family; however, many practitioners suggest choosing someone you trust deeply, as they will sign HIPAA authorizations.
• Execute the Document: The proxy is valid only when signed in the presence of two competent witnesses who are not the agent. There is no statutory fee for filing the document itself, but legal review can cost between $300 and $750 depending on the complexity of your care plan.
• Specify Medical Preferences: You can limit the proxy's authority to specific decisions, such as refusing life-sustaining treatment or authorizing organ donation. This is not a "living will" but rather a power of attorney specifically for healthcare.
• Utilize Elder Law Certification: For comprehensive planning, consult a Certified Elder Law Attorney (CELA) to ensure the proxy aligns with MassHealth regulations and MassHealth asset protection rules, particularly if you anticipate needing long-term care.
• Store Securely: Provide copies to your primary care physician and keep one with your will; hospitals may request proof of the agent's identity and authority before they will honor the proxy.

admin · 2026-10-10 00:56:48