Health Care Proxy
As daughter to my elderly mother who will soon undergo surgery, my question is whether a duly executed Mass. Health Care Proxy dated in 2005 supercedes a Living Will Declaration dated in 2004 and a Medical Directive executed at the same time in 2004 both of which gives my older sister authority to act and make decisions otherwise granted to me in the 2005 Health Care Proxy. Which would a hospital follow. Also, is there any expiration to a Health Care Proxy; i.e. is the 2005 Proxy still valid without having been changed since 2005.??
Re: Health Care Proxy
I should first point out that a Living Will and a Health Care Proxy are two different things. In fact, the two instruments can be used in tandem.
A Massachusetts Health Care Proxy is a legally enforceable document wherein one person (principal) appoints another person (agent) to make and communicate health care decisions on her behalf in the event she is deemed unable to do so.
A living will is an expression of ones wishes as to important end-of-life medical care and treatment, but is not legally enforceable in Massachusetts. A living will, however, can be very helpful to your named Health Care agent in carrying out one’s wishes.
In this way, a Living Will does not replace or supersede a validly executed Health Care Proxy. Although a Health Care Proxy validly executed in 2005 would still be valid, it might not be a good idea to revisit the issue since a significant medical event is coming up. It might be a good idea to sit down with an estate planner prior to your mother’s surgery to make sure everything is in order.
Please feel free to contact my office if I can be of any assistance.
Christopher Vaughn-Martel
VAUGHN-MARTEL LAW
1180 Washington Street, Suite 101
Boston, MA 02118