Health Care Directives

Everyone has the right to determine what health care they wish to receive if they become ill or disabled. In Massachusetts we have the health care proxy. If you execute a health care proxy, the person to whom you grant authority to make medical decisions can decide for you what medical treatment is appropriate if you are unable to make or express such decisions for yourself.

Until the health care proxy law became effective in Massachusetts, "living wills" were used. The living will set forth medical remedies that the signer did not want to be used under particular circumstances.

A common direction was "If I become terminally ill, I do not wish heroic measures used to keep me alive." This sounded powerful, but was of little help.

A "terminally ill" patient has a limited life expectancy, such as weeks or months. Problems involving medical treatment occur not in cases of terminal illness, but in cases like that of Terri Schiavo, who was in a permanent vegetative state. The Schiavo case was a horrible example of the abuse of the legal system.

The health care proxy permits the health care agent to use his or her judgment, based on all of the circumstances, and his or her understanding of what the principal would want. We recommend that you sign a health care proxy, if you have not already done so, and that you discuss with your health care agent what you would wish to have done in various circumstances.

If there is no health care proxy, and someone becomes incompetent, it may be necessary to have a guardian appointed. This is invasive and expensive, and should be avoided. Make a health care proxy, and tell your health care agent what you want to have done.

Health care proxies made in one state are good in others. However it is desirable to have a health care proxy tailored to a particular state. We are familiar with the requirements for all of the states.