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Massachusetts law about health care proxies and living wills

A compilation of laws, regulations, and web sources on health care proxies and living wills by the Trial Court Law Libraries.

Table of Contents

Massachusetts laws

MGL c. 201D Health Care Proxies
MGL c.190B, Art. V, Pt. 5 Durable Power of Attorney

Federal laws

42 USC 1396a(w)(1) "Patient Self-Determination Act"
42 USC 1395cc(f) Social Security Act: Maintenance of written policies and procedures

Federal regulations

42 CFR 489.100 Advance Directives

Forms

Health care proxy and living will forms

Web sources

Tool Kit for Health Care Advance Planning, American Bar Association
"To help you in this process, this tool kit contains a variety of self-help worksheets, suggestions, and resources. There are currently 9 tools in all, each clearly labeled and user-friendly. The tool kit does not create a formal advance directive for you. Instead, it helps you do the much harder job of discovering, clarifying, and communicating what is important to you in the face of serious illness."

End of Life Care, Executive Office of Health and Human Services.  
Includes links to brochures in many languages, regulations, and more, regarding Mass. requirement that health care providers "distribute to appropriate patients...culturally and linguistically suitable information regarding the availability of palliative care and end-of-life options."

Giving Someone a Power of Attorney for Your Health Care, American Bar Association, 2011
"The new booklet and form focuses on the single most important legal task—that of appointing a health care agent."

Health Care Proxies and End of Life Care, Mass. Medical Society 
Includes information on health care proxies, living wills, hospice, and more.

Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST), Dept. of Public Health.
Everything you need to know about the law, for patients, families, and health care providers. "MOLST is a medical order form (similar to a prescription) that relays instructions between health professionals about a patient's care. MOLST is based on an individual's right to accept or refuse medical treatment, including treatments that might extend life." Site includes forms, videos, and more.

Ten Things You Should Know About Health Care Proxies and Living Wills, The Forum for Massachusetts Law
Provides basic guidance in ensuring that your health care proxy complies with legal requirements and adequately protects your wishes.

What’s in Your Health Care Plan? Honoring Choices Massachusetts
Provides sample health care proxy and personal directive as well as information about durable power of attorney and medical orders for life-sustaining treatment.

Print sources

Estate Planning for the Aging or Incapacitated Client in Massachusetts. MCLE, loose-leaf. vol. 1

How to Write Your Own Living Will. 4th ed. Edward Haman. Sphinx Pub., 2004

"Living Wills: Validity, Construction and Effect," 49 ALR4th 812

Massachusetts Elder Law 2d ed. William J. Brisk, Ilene S. Klein, and Ellen B. Scult, Lexis, chap. 6.  

Massachusetts Estate Planning, Will Drafting and Estate Administration Forms: Practice by John H. Clymer, Katherine L. Babson, and Robert G. Bannish, Lexis, loose-leaf, vol. 1 chap. 13.

Massachusetts Practice vol.23 (Estate Planning), 3d ed. Thomson/West, 2007 with supplement, chap 3 & 4

A Practical Guide to Estate Planning in Massachusetts, 3d ed. MCLE, loose-leaf, vol. 2 chap. 8.

"Propriety of, and Liability Related to, Issuance or Enforcement of Do Not Resuscitate (DNR) Orders," 46 ALR 5th 793

The Right to Die, 3d ed., by Alan Meisel. 2 vols. Aspen, loose-leaf

Contact

Phone

Within Massachusetts only

Within Massachusetts only

Online

Reference librarians online Chat with a law librarian 
Reference librarians via email masslawlib@gmail.com

Address

Administrative office (no law library at this location)
2 Center Plaza
9th Floor
Boston, MA 02108
Last updated: June 22, 2018

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