Estate Planning for Medical Decisions in Massachusetts—And Beyond
Most people think of a “will” as a document that controls the distribution of their assets. But an essential part of estate planning is documenting your medical care preferences in case you cannot speak for yourself.
In Massachusetts, the Health Care Proxy is the primary legal instrument for advance medical decision-making. A living will, while not legally recognized in the Commonwealth, can still play an important supporting role, especially if you receive care in a state where it is recognized.
At Boyd & Boyd, P.C., we prepare both documents to provide flexibility, clarity, and legal strength in multiple jurisdictions.
1. Health Care Proxies Minimize Family Stress and Legal Ambiguity
When medical decisions must be made and you can’t express your wishes, the Massachusetts Health Care Proxy law ensures that your appointed agent, someone you trust—has full legal authority to act on your behalf.
This prevents confusion among family members and avoids disagreements that can arise when loved ones hold conflicting views about your care. Your proxy serves as your legal voice.
Even if a living will exists, your proxy’s decisions take precedence if they contradict written directives—as we carefully design our documents to ensure.
2. Living Wills Supplement Your Proxy—Especially Across State Lines
While Massachusetts law doesn’t formally recognize living wills, other states do. That’s why Boyd & Boyd, P.C., includes a living will with the estate plans we prepare.
Your living will:
- Provides written guidance about your wishes in specific medical situations
- Helps your proxy understand your values
- May be relied upon in other states where health care proxies are not valid or recognized
- Serves as a fallback guide if your proxy is unavailable
We intentionally draft the living will to serve as a secondary source of guidance—not a limitation—allowing your health care proxy to make decisions that may override your written instructions if appropriate in the moment.
3. Physicians Benefit From Clear Documentation and a Single Decision-Maker
Doctors are trained to save lives. But when you face a terminal condition or irreversible medical state, heroic interventions may not align with your values.
A Health Care Proxy offers doctors:
- One authorized decision-maker
- Legal protection for following your agent’s direction
- Support to limit or withdraw treatment when medically appropriate
When combined with a living will, physicians gain insight into your wishes—even if they’re practicing in another state. Together, the documents form a comprehensive approach to end-of-life care planning.
4. What to Consider When Choosing Your Health Care Agent
You should select a proxy who:
- Understanding your values
- Can act decisively under stress
- Is available in emergencies
- Will advocate for your preferences, even if others disagree
We recommend naming an alternate proxy in case your first choice is unavailable. You should also talk to your proxy and review your written wishes—especially when creating a living will—to ensure they fully understand your preferences.
Why Boyd & Boyd, P.C. Includes Both Documents
Because we work with clients who may travel or move, we include a living will even though it isn’t binding under Massachusetts law. Other states may rely on the living will alone when no proxy statute exists—or when the client receives emergency care outside the Commonwealth.
Most importantly, our documents are crafted so that the proxy’s decisions remain controlling, even if they differ from the living will. This dual-document approach provides flexibility and ensures the best possible care aligned with your values and legal rights, wherever you may be.
Plan for Medical Decision-Making with Confidence
Don’t leave critical health care decisions to chance. Let us help you create a Health Care Proxy and Living Will tailored to your needs.
Contact the Law Offices of Boyd & Boyd, P.C. at (508) 444-9688 or connect with us online to establish your advance health care directive today.
FREQUENTLY ASKED QUESTIONS (FAQ):
Q: Does Massachusetts recognize living wills?
A: No. Living wills are not legally binding in Massachusetts, but they may still provide valuable guidance to your health care proxy and can be useful in other states.
Q: Why include a living will if it isn’t legally binding?
A: It helps guide your proxy, may be recognized in other states, and ensures your preferences are clearly documented—even if your agent must act differently in the moment.
Q: What happens if my proxy’s decisions differ from my living will?
A: At Boyd & Boyd, P.C., we draft our documents so that the proxy’s decisions take precedence—ensuring your care adapts to real-time circumstances while honoring your overall values.
