Is a MOLST Form the Same as a Health Care Proxy?
Understanding the Difference Between Health Care Proxy and MOLST Form in MassachusettsMany clients often believe they have a health care proxy because they or their loved ones filled out a form at a hospital or care facility. However, in most cases, what they actually have is a "MOLST" form (Massachusetts Orders for Life Sustaining Treatment), which serves a different purpose.
The MOLST form provides essential guidance to care providers and first responders regarding the person's preferences for life-sustaining interventions if they are unable to communicate their wishes. These interventions may include CPR, intubation, ventilation, and artificial nutrition or hydration. However, it does not grant authority for other medical decisions or treatment plans. On the other hand, a health care proxy designates a trusted individual to make all medical decisions on behalf of the patient if they become incapacitated. This includes decisions about medication, surgery, and other treatments. Importantly, the person holding the health care proxy may override directives outlined in the MOLST form. It's crucial for individuals to have both documents. While the MOLST form addresses life-sustaining interventions, the health care proxy covers a broader spectrum of medical decisions. It's important to note that having only a MOLST form does not constitute having a valid health care proxy. By clarifying the distinction between these two documents, individuals can ensure they have the necessary legal instruments in place to safeguard their medical wishes and preferences. Learn more here about health care proxies under Massachusetts law. |
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Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna wrote a book on estate planning: The Road to Peace of Mind: What You Need to Know About Estate Planning. Jenna has helped many individuals and families with planning to protect their legacies and loved ones, and planning for the future and succession of their businesses.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and earned her LLM in estate planning from Western New England Scool of Law in 2016. She has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped many clients with planning for their legacies and their future, and navigating the probate process in Massachusetts after the death of a loved one.
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