Legal Question in Elder Law in Massachusetts

A health care proxy enables an individual to appoint another individual as his or her health care decision maker. A health care proxy becomes effective when the individual is unable to either make or communicate medical decisions on their own. If you would like to speak to an attorney about your specific situation, and what is involved and required with guardianship, please feel free to contact my office at 617-357-4898. Best of luck, Chris

The hospital is seeing your mother-in-law's actions in refusing to take medication as a revocation of the health care proxy. If you believe your MIL lacked the mental capacity to revoke the document, what you need to do is to petition the Probate Court to affirm the health care proxy -- NOT move for guardianship. You will need a medical certificate from the treating psychiatrist describing the nature and degree of incapacity, which will get filed along with your petition. The court will appoint an attorney to represent your MIL's interests. However, if the health care proxy itself is silent as to the use of antipsychotic medication, a Rogers guardianship might be required. You need to contact an attorney with significant experience handling guardianship matters and ask whether they have ever handled the affirmation of a health care proxy.