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By Mr. Jones of North Reading, petition (accompanied by bill, House, No. 1510) of Bradley H. Jones, Jr., and others relative to health care proxies. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
Mary S. Rogeness
George N. Peterson, Jr.
John A. Lepper
Viriato Manuel deMacedo
Paul K. Frost
Elizabeth A. Poirier
Robert S. Hargraves
Karyn E. Polito
Susan Williams Gifford
Richard J. Ross
Paul J. P. Loscocco
Donald F. Humason, Jr.
Todd M. Smola
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In the Year Two Thousand and Seven.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 4 of chapter 201D, as appearing in the 2004 Official Edition, is hereby amended by inserting, in line 6, after the word “authority”, the following:— including but not limited to any express direction the principal wishes to impose upon the agent
SECTION 2. Section 5 of said chapter 201D, as so appearing, is hereby amended by striking the sentence “An agent shall have the authority to make any and all health care decisions on the principal's behalf that the principal could make, including decisions about life-sustaining treatment, subject, however, to any express limitations in the health care proxy.” and inserting in place thereof the following sentence:-
An agent shall have the authority to make any and all health care decisions on the principal's behalf that the principal could make, including decisions about life-sustaining treatment, subject, however, to any express limitations or directives in the health care proxy, which shall be binding upon the agent.