Powers of attorney and health care proxies
Who acts for you if you cannot, for money and for medical decisions, and what happens without these documents.
Durable power of attorney
A power of attorney lets you name an agent to handle your financial affairs: paying bills, managing accounts, dealing with insurance, and signing on your behalf. Durable means it continues if you become incapacitated, which is exactly when it is needed.
Health care proxy
Massachusetts uses a health care proxy, under General Laws chapter 201D, to name a health care agent. Your agent makes medical decisions only when your attending physician determines that you cannot make or communicate them yourself, and is expected to follow your wishes as best they know them.
A HIPAA authorization is a companion document that lets the people you choose receive your medical information, so they can stay informed and help.
Writing down your wishes
Massachusetts does not have a living will statute, but you can still write down your wishes about end of life care to guide your agent. For people with serious illness, a clinician can complete a MOLST form, a medical order that travels with the patient.
If there are no documents
If you cannot act and have not named agents, your family may need to petition the Probate and Family Court for a conservator to manage money or a guardian to make personal and medical decisions. That process takes time and is public.
Choosing your agents
Choose people you trust who can act calmly and are reachable when needed. Name a backup for each role, and tell the people you choose where your documents are.
Common questions
Can my spouse automatically make decisions for me?
Not for everything. Naming your spouse as your agent is how you make that authority clear.
When does a power of attorney stop working?
It ends at death. After that, the personal representative or successor trustee takes over.
Check your understanding
Three quick questions. Nothing is saved or sent.
1When does a Massachusetts health care proxy take effect?
The agent's authority begins when the attending physician makes that determination.
2Which document covers finances?
The durable power of attorney names an agent for financial matters.
3Without these documents, what might a family need?
Without named agents, the court may need to appoint someone.
Official sources
Keep learning
Everything here is general education about Massachusetts law, written by WisePath Estate Planning. It is not legal advice for your situation, and reading it does not make you our client.