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Health care agent has authority over family members under MA law?

I always assumed and I think my attorney told me when he gave me the form that the person I name as my health care agent will have authority to make medical decisions for me, even if my sister objects. Isn't that the law in Massachusetts?

Editor's Response

Yes it is the law.  Massachusetts General Laws Chapter 201D, Section 5 states that "Health care decisions by an agent pursuant to a health care proxy on a principal’s behalf shall have the same priority over decisions by any other person . . . as would decisions by the principal, when competent(.)"

 

I know nothing about your medical situation, but it sounds like you have trouble brewing with your sister.  If at all possible, you need to talk to your sister and help her understand your wishes.  If you are able to have that conversation, you may avoid conflict when/if your health care proxy becomes relevant and make the job of your chosen heath care agent a lot easier and less stressful.  Good luck.  For more information about health care proxies, visit our Massachusetts Elder Law Discussion Forum.

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