Planning ahead for your medical care is just as important as planning for your financial future. One way to do this is through an advance directive, sometimes still called a “living will.” While Massachusetts does not legally recognize advance directives as binding documents, they remain a valuable part of a complete estate plan.
At Surprenant, Beneski & Nunes, P.C., we help clients across Southeastern Massachusetts put their wishes in writing, giving families clarity and comfort during difficult times.
What Is an Advance Directive?
An advance directive is a written statement that expresses your preferences for medical treatment if you are unable to speak for yourself. It may cover choices about life support, resuscitation, pain management, or other types of care when you are:
- Facing a terminal illness
- Recovering from a serious injury
- In a coma or vegetative state
- Unable to communicate due to incapacity
Although advance directives are not legally enforceable in Massachusetts, doctors and courts often consider them when making decisions, particularly if they align with the views of your appointed health care proxy.
Why Create an Advance Directive?
Even without a binding legal effect, an advance directive can:
- Guide family members when making emotional decisions about your care
- Help your health care proxy feel confident in honoring your wishes
- Reduce conflict among loved ones during stressful medical situations
- Encourage conversations about end-of-life care before a crisis occurs
Families often feel relief knowing they are respecting their loved one’s preferences rather than making guesses in moments of uncertainty.
What Medical Wishes Can Be Included?
In Massachusetts, advance directives can address a range of medical treatments. You may choose to accept or decline options such as:
- Resuscitation (CPR) if your heart or breathing stops
- Mechanical ventilation if you cannot breathe on your own
- Artificial nutrition or hydration through a feeding tube or IV
- Dialysis if your kidneys fail
- Antibiotics or antiviral medications for serious infections
- Pain management and palliative care at home, in a hospital, or in hospice
- Organ and tissue donation, or donating your body to science
- Do Not Resuscitate (DNR) and Do Not Intubate (DNI) orders
- Blood transfusions or experimental treatments, if these align with your values
Your document can be as detailed or as limited as you choose, reflecting your personal beliefs and priorities.
Advance Directives and Health Care Proxies in Massachusetts
Since Massachusetts law does not make advance directives legally binding, the most reliable tool for medical decision-making is the health care proxy.
A health care proxy allows you to appoint a trusted person, age 18 or older, to make medical decisions if you cannot. This document is legally recognized, and doctors must follow the proxy’s decisions once a physician confirms in writing that you lack capacity.
An advance directive can work hand-in-hand with your health care proxy. By providing written guidance, you make your proxy’s job clearer and less stressful, ensuring your values are respected.
HIPAA Releases and Access to Medical Information
Another important document to consider is a HIPAA release. This form allows you to give family members or trusted individuals permission to access your medical information. Without it, even a spouse or child may be unable to obtain test results or speak with insurance companies on your behalf.
What Happens Without an Advance Directive or Proxy?
If you become incapacitated without an advance directive or proxy in place, a Massachusetts court may need to appoint someone to make medical decisions. Judges may consider any written statements you have left behind, but ultimately, the decision rests with the court. This process can delay care and place additional stress on loved ones.
How Surprenant, Beneski & Nunes Can Help
At Surprenant, Beneski & Nunes, P.C., we understand that planning for future medical decisions can be difficult. Our attorneys take the time to listen to your wishes and ensure your documents reflect them clearly. We assist clients with:
- Drafting advance directives tailored to individual needs
- Preparing health care proxy forms that meet Massachusetts legal requirements
- Creating HIPAA releases to simplify access to health information
- Coordinating these documents within your larger estate plan
With offices in New Bedford, Easton, and Hyannis, we proudly serve families throughout Southeastern Massachusetts. Our founding attorneys are among a small group of Certified Elder Law Attorneys in the state, and we bring both professional knowledge and personal understanding to these sensitive matters.
Take the Next Step
A serious illness or accident can happen unexpectedly. By preparing an advance directive and health care proxy, you give your loved ones the clarity they need to make decisions with confidence.
Contact Surprenant, Beneski & Nunes, P.C. today to schedule a consultation and learn how we can help you create an advance directive that reflects your wishes and supports your family.