Used as a Guide — Non Binding in Massachusetts
In Massachusetts, a Living Will or Advance Health Care Directive is not binding. Instead, it serves as a guide to the agent appointed under a Healthcare Proxy.
Typically, for a Living Will to take effect, a physician must certify that you are:
- incapacitated or otherwise unable to communicate;
- you are suffering from a terminal illness; and
- your ultimate recovery is hopeless.
A Living Will and a Healthcare Proxy can be created as a part of your estate and medical plan. Read more about Healthcare Proxies and Medical Directives.