Legal Question in Health Care Law in Massachusetts

Health proxy

My father was just hositalized. Unfortunately my brother's wife likes to but in where she doesn't belong. If his condition worsens and he has not filled out a health proxy, who can make the decision as far as his medical treatment goes ? I am the elder of his two children. I also live with him.


Asked on 8/17/08, 10:27 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Health proxy

I notice that you have not had any responses to your question. First, I am sorry to hear that your father has been hospitalized.

Your father should absolutely execute a health care proxy. Most attorneys can do this for a simple flat fee - and if your father had no other estate planning documents, it would be absolutely crucial that you do so now.

To answer your question, in the event that your father is unable to make or communicate health care decisions on his own behalf, a doctor might consult with a spouse and then immediate family members, and most likely with his primary caretaker. It is a far better course of action to decide in advance who will shoulder this burden.

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Answered on 8/25/08, 10:41 am


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