By Boyd & Boyd, P.C. · Originally published 2025-06-25 · Revised October 4, 2026
What Are the Benefits of Establishing a Health Care Proxy and a Living Will?
A Health Care Proxy appoints someone to make healthcare decisions when its legal conditions are met. A Living Will or written statement of wishes can help communicate treatment preferences. Their legal effect varies by jurisdiction.
Who Will Speak When You Cannot?
Planning for medical decisions begins with choosing a person and discussing your wishes. Documents help give that conversation a place to live. A chosen agent should understand your values and be willing to speak with healthcare professionals when you cannot make or communicate decisions yourself.
Separate Appointment From Instructions
The Proxy addresses who can act. Written wishes address what matters to you. In Massachusetts, the official Proxy form describes an agent's authority during the period when the attending physician determines that you lack capacity to make or communicate healthcare decisions. Do not assume a Living Will has the same legal effect in every state.
Choose an Agent and a Backup
Consider whether the person can be reached, understands your priorities, and is comfortable making difficult decisions. Talk with an alternate as well. A signed document is more useful when the people named in it know that they have been chosen and understand the responsibility.
Coordinate the Rest of the Plan
Authority over healthcare and authority over finances are different questions. A Health Care Proxy should not be assumed to authorize paying bills, managing investments, or transferring property. Review financial authority separately and coordinate documents with the law of the state where you live or receive care.
Make the Information Available
Keep copies where they can be found and discuss sharing them with your agent and healthcare providers. Review your arrangements when relationships or circumstances change. The Trust seminar slides are a broader planning introduction; the official Massachusetts resources linked below address the Proxy specifically.
Sources and related reading
Make Your Next Question a Better One.
Get the August 2025 A Walk Through Your Trust seminar slides. Use them to prepare questions; current advice depends on your circumstances.
General educational information. State laws and tax rules vary. Representation requires a separate engagement with Boyd & Boyd, P.C.
