Health Care Proxies

What is a health care proxy?
A health care proxy is a legal document that is often included in estate plans because it allows you (the principal) to name someone you trust (an agent) to make health care decisions for you when you become incapacitated.

A health care proxy shall contain the following:

(i) identify the principal and the health care agent;

(ii) indicate that the principal intends the agent to have authority to make health care decisions on the principal’s behalf;

(iii) describe the limitation, if any, that the principal intends to impose upon the agent’s authority; and

(iv) indicate that the agent’s authority shall become effective if it is determined pursuant to section six that the principal lacks capacity to make health care decisions.

Who determines that a person lacks the capacity to make health care decisions?

The determination that a health care proxy should be invoked is made by the attending physician. The determination shall be made in writing and shall contain the attending physician’s opinion regarding the cause and nature of the patient’s incapacity as well as its extent and probably duration. It then becomes part of the principal’s permanent medical record.

Why is a health care proxy important?

While none of us expect that we will end up in a coma, or one day be involved in an awful accident that leaves us unconscious, it is important to have your loved ones know exactly how you want to be treated and which individual should make the decisions. Attorney McGee can provide you with a carefully drafted health care proxy so that you can rest assured knowing that the proper individual will have the ability to carry out your wishes.

What if my health care agent dies before me or is unable to handle the duties?

​To protect against this, Attorney McGee can help you draft a Health Care Proxy that designates an alternate health care agent so you will be better prepared for complicated circumstances such as this.
At McGee’s Law, we believe it’s never too early to prepare for the future. Estate Planning ensures that you, your family, and your assets will be taken care of no matter what happens. Because every family has different financial backgrounds, family dynamics and priorities, Attorney McGee is committed to understanding your preferences before the planning process begins. We can prepare important legal documents such as health care directives and proxies to ensure that your wishes are put in writing and made official.


​McGee’s Law is a boutique law firm located in the historic waterfront area of the North End in Boston, Massachusetts. The firm’s primary practice areas are Family Law and Estate Planning – anything ranging from a divorce to an adoption, and a will to a complicated credit shelter trust. Feel free to call us anytime at the phone number located above. We look forward to working with you.
Serving all of Massachusetts including: Suffolk County, Middlesex County, Norfolk County, Bristol County, Plymouth County and Worchester County.

Copyright 2018 - McGee's Law

Disclaimer - Contact