When it comes to planning for a medical emergency, two documents come up most often: the healthcare proxy and the living will. Many people confuse them or assume they serve the same purpose. They don't — and understanding the difference could be one of the most important things you do for your family on the South Shore.

What Is a Healthcare Proxy?

A healthcare proxy designates someone — your “healthcare agent” — to make medical decisions on your behalf if you are unable to make them yourself. This is the primary advance directive recognized under Massachusetts law (M.G.L. c. 201D). Your agent can:

• Consent to or refuse medical treatment

• Choose between treatment options

• Make end-of-life decisions if you are terminally ill

• Access your medical records

Your agent speaks for you in real time — adapting to whatever medical situation arises.

What Is a Living Will?

A living will is a written statement of your medical preferences — things like whether you want to be kept on life support, receive artificial nutrition, or be resuscitated.

Here's the important distinction: Massachusetts does not have a statute specifically authorizing living wills. While you can write one and attach it to your healthcare proxy, it has no independent legal standing on its own under state law. It serves as guidance for your agent and doctors.

Why You Need Both

The strongest approach is to execute a healthcare proxy naming a trusted agent, and attach a detailed personal statement of your wishes. This gives your agent both the legal authority to act and clear guidance on what you actually want.

Without a healthcare proxy, doctors turn to next of kin — but Massachusetts law doesn't specify a clear hierarchy, leading to family disagreements during an already stressful time.

Execution Requirements in Massachusetts

To be valid, a Massachusetts healthcare proxy must be:

• Signed by you while you have capacity

• Witnessed by two adults who are not your healthcare agent

• Not witnessed by your healthcare provider or facility employee

Choosing Your Healthcare Agent

Choose someone who knows your values deeply, can handle stress, communicates clearly with medical professionals, and will advocate for your preferences. Name a backup agent in case the first is unavailable.

Review Your Documents Regularly

A divorce, the death of a named agent, or a shift in your own medical views are all reasons to revisit your healthcare proxy. Review your advance directives every three to five years or after any major life event.

Contact Sofio Law LLC to include advance directives as part of a complete estate plan for your South Shore family.