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Guardian vs. healthcare proxy agent under Massachusetts law

Hello. I have a healthcare proxy in place that names my eldest daughter as my healthcare agent. I trust her and she understands what I want in terms of my care as I get older. I have another daughter who means well but can be a bit overbearing and bossy. She also is an extremely religious person and may have views about end of life care that I do not share. I'm wondering if something happens to me and I'm not able to make decisions for my self am I correct to assume that my healthcare agent will be able to make medical decisions for me even if my younger daughter somehow gets appointed as my guardian? Thanks for your time.

Healthcare agent controls over guardian in MA

Yes, you are correct.  Under Massachusetts General Laws Chapter 190B, Section 5-309(e), an appointed guardian may not revoke a valid healthcare proxy and, in the absence of a court order, the healthcare agent's decisions regarding medical care will take precedence over the wishes of the guardian.  You should also know that Massachusetts law allows you to use a durable power of attorney to nominate your guardian.  In other words, if you have not done so already, you can execute a power of attorney that names the person you would like the court to appoint in the event you require a guardian or a conservator.  Hope that helps.

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