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Can my daughter (a nurse) be my health care agent in my proxy?

I've been told by friends who seem to know what they're talking about that a nurse or a doctor who works at a hospital cannot be my health care agent under MA law. Is that true and does it mean my daughter, who's a nurse, cannot be my agent?

Who can be healthcare agent

No, your daughter can be your health care agent.  Massachusetts General Laws Chapter 201D, Section 3 says: "No person who is an operator, administrator or employee of a facility may be appointed as health care agent by an adult, who, at the time of executing the health care proxy is a patient or resident of such facility or has applied for admission to such facility unless said operator, administrator or employee is related to the principal by blood, marriage or adoption."

 

Based on that language, you may certainly name your daughter as your health care agent.  Also, you could name other nurses or doctors as your agent, as long as they do not work at a medical facility where you are, or may become, a patient.  Hope that helps.

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