About Living Wills in Massachusetts

A Living Will, also called an "Advance Directive," is a document that expresses an individual's wish to refuse extraordinary medical treatment that will not result in a cure but merely prolong the process of dying. In many states, a Living Will is a legally enforceable document but in Massachusetts, it is merely a statement of wishes without binding legal authority. The hope, however, is that your loved ones and your doctor will honor your wishes should the unfortunate need ever arise.

At Silveri & Wilson, we take our estate planning representation, knowledge and expertise to another level above our competition and can assist you with drafting of a Living Will as part of your overall estate plan.

Medical Treatment to be withheld in your Living Will

Your Living Will should express your general wishes at the very least; but it can be as specific as you would like. If you have definite wishes or preferences as to the type of medical treatment you would like withheld, it is important to detail this information in the document itself and in discussions with your health care agent and physician. This corroboration of written and oral evidence will help to ensure that your wishes and values will be respected when you can no longer make these judgments on your own behalf. For example, you might want to specify your preferences about: (1) artificial nutrition and hydration; (2) cardiac resuscitation; (3) mechanical respiration; (4) antibiotics; (5) pain medicine, etc.

Living Wills and Health Care Proxies

You should execute both a Health Care Proxy and a Living Will as part of your estate plan. The Health Care Proxy is your own expression of your attitudes and wishes about your health care while the Massachusetts Living Will is specific as to the way in which you would like your life to end under certain circumstances. You will want to select a Health Care Agent that you can rely on to effectively communicate the views expressed in your Living Will, to your physician to help ensure that they will be honored.

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