Massachusetts Living Will Requirements
Based on Massachusetts General Laws Chapter 201D (Health Care Proxies)
Quick Summary
- Document type: Health Care Proxy
- 2 witnesses required
- Notarization not required
Witness Requirements
Massachusetts requires 2 witnesses who are present when you sign your health care proxy. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be the person named as the health care agent in the proxy
- A witness cannot be the person named as the alternate health care agent in the proxy
- Witnesses must affirm in writing that the principal appeared to be at least eighteen years of age, of sound mind, and under no constraint or undue influence
When Your Living Will Takes Effect
Your Massachusetts living will becomes effective when the following conditions are met:
Terminal Illness
Massachusetts does not have a living will statute with a statutory definition of terminal illness. However, through the health care proxy, an agent may make decisions regarding life-sustaining treatment when the principal has a terminal condition from which there is no reasonable expectation of recovery.
Persistent Vegetative State
Massachusetts does not statutorily define persistent vegetative state in its Health Care Proxy law. A health care agent may make decisions when the principal is in a condition where there is no reasonable expectation of regaining a meaningful quality of life, as guided by the principal's expressed wishes.
Irreversible Condition
Massachusetts does not have a separate statutory definition for irreversible condition. The health care proxy grants the agent broad authority to make health care decisions, including withholding or withdrawal of treatment, when the principal lacks decision-making capacity, regardless of the specific condition.
Important Notes for Massachusetts
- Massachusetts follows the Health Care Proxy law (M.G.L. Chapter 201D)
- Massachusetts is one of only a few states that recognizes Health Care Proxies but does not have a separate living will statute
- A living will is not specifically recognized by Massachusetts law but may serve as guidance for agents and physicians about the principal's wishes
- The health care proxy must be signed by the principal or at the direction of the principal, in the presence of two adult witnesses
- A health care agent has authority to make all health care decisions on behalf of the principal when the principal is determined to lack capacity, unless otherwise limited in the proxy
- Notarization is not required under Massachusetts law for a health care proxy to be valid
- A health care proxy may be revoked by the principal at any time by notifying the agent or health care provider orally, in writing, or by any other act evidencing intent to revoke
- The appointment of a spouse as health care agent is automatically revoked upon divorce or legal separation unless the proxy states otherwise
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.