Living Wills Under Massachusetts Law
The Importance of Living Wills in Massachusetts: Why You Should Consider ThemWhile Massachusetts does not officially recognize living wills, there are several compelling reasons why you should consider creating one. Despite their unenforceable status in the state, living wills can play a vital role in your healthcare planning. Let's explore why they can be a valuable addition:
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Providing Guidance to Your Healthcare Proxy
One significant reason for crafting a living will is to offer clear guidance to your healthcare proxy. Serving as a healthcare proxy is a substantial responsibility, which will fall on your designated proxy if you become seriously ill or injured. By outlining your treatment preferences in a living will, you can ease the burden on your chosen healthcare proxy.
The Massachusetts Medical Society acknowledges the value of living wills in providing direction to proxies and medical providers, even if not legally binding. It ensures that your proxy understands your desires and can communicate them effectively in difficult medical situations.
The Massachusetts Medical Society acknowledges the value of living wills in providing direction to proxies and medical providers, even if not legally binding. It ensures that your proxy understands your desires and can communicate them effectively in difficult medical situations.
Ensuring Your Wishes Are Honored in Other States
Another essential consideration is the possibility of accidents or emergencies occurring in states that do recognize living wills. If you travel frequently or have family members residing in such states, having a living will can be immensely beneficial. In these situations, your family can use the document to guide medical providers in making decisions aligned with your preferences.
Facilitating Important Family Conversations
Creating a living will offers you a valuable opportunity to engage in meaningful conversations with your close family members. Discussing your wishes and beliefs regarding medical care can be a profound experience for both you and your loved ones. It allows you to share your values and priorities, ensuring that your family understands your healthcare preferences, even in the absence of a legally recognized living will.
How Can You Ensure Your Wishes Are Followed With or Without a Living Will?
While Massachusetts currently does not formally recognize living wills, it's crucial to have a plan in place to ensure your healthcare wishes are respected. Here's what you can do:
- Be Clear with Your Healthcare Proxy: Communicate your treatment preferences explicitly to your healthcare proxy. Make sure they understand your wishes and are prepared to advocate for them when necessary.
- Engage in Conversations: Have open and honest discussions with your close family members about your healthcare preferences. Share your values and beliefs to ensure they are aware of your desires.
- Consult with Your Physicians: Speak to your primary care physician and any specialists you are currently seeing about your medical preferences. They can provide valuable guidance and ensure that your wishes are documented in your medical records.
Where Should You Keep Your Living Will and Health Care Proxy?
Time may be of the essence in situations where your proxy needs to act on your behalf. To ensure a swift response, consider the following steps:
- Provide Copies: Ensure that both your designated proxy and any alternate proxies each have a copy of your living will and health care proxy.
- Inform Your Primary Care Physician: Share copies of these documents with your primary care physician, as they are likely to be contacted during acute medical situations.
- Update as Necessary: If you have a living will, share copies with anyone who possesses your health care proxy documents, ensuring that they are aware of your comprehensive healthcare preferences.
In conclusion, while Massachusetts may not officially recognize living wills, their role in healthcare planning should not be underestimated. They provide essential guidance to your healthcare proxy, ensure your preferences are honored in other states, and foster crucial conversations with your family about your medical wishes. By taking these steps, you can enhance your healthcare planning and provide clarity and peace of mind for both you and your loved ones.
Meet Our Estate Planning Lawyers
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.
How We Can Help
We are ready to help. We understand this can be a difficult issue to tackle, so we have designed our process to make it as easy as possible for you to get the plan in place that protects you and your family and accomplishes your goals. You can use the button below to schedule a free information call, or simply give us a call at 781-784-2322.
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