An Act relative to health care proxy reform
SD 965 updates Massachusetts law to clarify who can make health care decisions for an adult who hasn't appointed a health care agent and lacks decision-making capacity. It establishes a priority order: spouse, adult children, parents, adult siblings, or a close relative who has shown consistent care and familiarity with the person's health. Health care agents under this rule must base decisions on what the patient would have chosen, or their best interests if the patient's wishes are unknown. The bill also prohibits individuals under criminal investigation for abuse or neglect, or convicted of certain offenses against incapacitated people, from serving as agents.
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