Health Care Proxy

We recently met with a new client whose spouse had a medical emergency. Because there was no Health Care Proxy, the spouse was required to go to court for guardianship before he could make medical decisions.

Many people are surprised to learn that Massachusetts does not recognize automatic spousal authority for health care decisions. Without a valid Health Care Proxy, hospitals may delay decisions, rely on ethics committees, or require court involvement.

A Massachusetts Health Care Proxy allows your spouse to make medical decisions only if you are incapacitated and helps eliminate uncertainty during a crisis.

Common Misconception:
“We’re married, so I can decide.”
That is not reliable in Massachusetts.
A key role of a financial advisor is helping ensure all essential planning documents are in place and coordinated—not just investments. If you or your spouse have not reviewed your Health Care Proxy and related documents, now is the time to do.