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Putting It In Writing First

G.L. c. 201D, § 2 — a health care proxy and two adult witnesses

In Massachusetts, every competent adult may appoint a health care agent by a health care proxy, in writing, signed by the adult or at their direction in the presence of two other adults who sign as witnesses.

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What the witnesses affirm, and who may not be one. The witnesses affirm in writing that the principal appeared to be at least eighteen years of age, of sound mind and under no constraint or undue influence. A person named as health care agent may not witness the proxy.

Presumptions. Every adult is presumed competent and every health care proxy properly executed unless a court determines otherwise. An alternate agent may be named.

The assumptionWhat the law actually does
The assumptionA proxy needs a notaryWhat the law actually doesTwo adult witnesses, signing as witnesses
The assumptionThe agent can witness itWhat the law actually doesA person named as agent may not

Who decides when nothing was signed, how a directive is revoked, and the forms a state publishes are not all on this page. Whether a particular document was executed properly is a question for a licensed Massachusetts attorney.

Sources for this section (1)
  1. G.L. c. 201D, § 2 — Appointment of health care agents; execution of proxy; alternate agents

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.