HD 1262 Massachusetts House · 194th Legislature (2025-2026)

An Act improving medical decision making

This bill establishes clear rules for who can make medical decisions on behalf of a person who cannot make their own choices (an "incapacitated person"). It creates a priority list for surrogate decision makers (spouse, adult children, parents, siblings, then others) and requires them to provide a written declaration under penalty of perjury. The bill specifies criteria for selecting the best surrogate based on their relationship, knowledge of the person's values, and availability, while banning certain individuals (like treating staff) from serving. It applies when advance directives or medical orders are missing, invalid, or not applicable, and limits surrogate authority to 90 days or the current treatment episode.
Bill status Introduction 0 of 4 stages cleared
Introduction
Committee Review
Floor Vote
Governor