Bill > H1354

This bill amends Massachusetts General Laws Chapter 201D to officially recognize and incorporate "living wills" alongside "health care proxies," which are documents where a person designates someone to make medical decisions for them if they become unable to do so. Specifically, the bill clarifies that a living will is a written document where an individual, if they become terminally ill and incapacitated, can outline their preferences for medical treatments, including artificial nutrition and hydration. It establishes that any competent adult has the right to create a living will, which must be in writing, signed by the adult or at their direction, and witnessed by two other adults who attest to the signer's age, mental capacity, and freedom from coercion. Importantly, individuals named as health care agents in a health care proxy cannot serve as witnesses for a living will. The bill also presumes adults are competent and living wills are properly executed unless a court rules otherwise, and it renumbers existing provisions to include the principal's wishes about health care decisions, such as artificial nutrition and hydration, within the scope of these documents.