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Does the Five Wishes living will work under MA law?

My wife bought the Five Wishes living will (I think it's a living will), and we are thinking of doing one for each of us. Does this document satisfy Massachusetts law? Are there any changes we need to make or is it OK? Thank you.

Editor's Response

I looked over a copy of the Five Wishes document on the Internet and it looks like a combination of a Health Care Proxy and a Living Will.  Although living wills are not statutorily recognized in Massachusetts, it is fine to combine a Health care Proxy with a Living Will, as this document does.  I believe it satisfies the statutory requirement of Health Care Proxy under MA law.  When choosing and executing a form Health Care Proxy, keep these tips in mind:

 

In addition to identifying the Principal (you) and your Agent, your Proxy must (1) state that you intend to grant to your Agent the authority to make health care decisions on your behalf; (2) describe any limitations you wish to place on your Agent; and (3) indicate that your Agent's authority becomes effective only if you subsequently lose capacity to make medical decisions.

 

Your Proxy must be signed by you or at your direction in the presence of two adult witnesses. The witnesses must then sign and affirm that you appear to be at least eighteen, of sound mind, and under no constraint or undue influence.  Check out this article in our Quick Information Library for more information about health care proxies in MA.  Good luck.

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