Relative to health care proxy reform
If enacted, this bill will impact how health care decisions are made for individuals who lack the capacity to make such decisions themselves. By establishing a clear order of priority for designated health care representatives, the bill aims to ensure that decisions made in these situations reflect the values and interests of the individual as closely as possible. This change reinforces the principle of informed consent, requiring that any actions taken by health care agents align with the presumed wishes of the incapacitated person.
Bill S966, proposed by Senator Ryan C. Fattman, seeks to amend Section 2 of Chapter 201D of the Massachusetts General Laws concerning health care proxy reform. The bill outlines the hierarchy of individuals authorized to make health care decisions for an incapacitated adult when a specific health care agent has not been appointed. This proposal clearly defines the order of priority for decision-makers, starting with the principal's spouse and followed by children, parents, siblings, and other adult relatives who demonstrate care and concern for the principal.
In essence, S966 proposes a more structured approach to handling health care proxies in Massachusetts, aiming to enhance patient autonomy while ensuring safety in decision-making processes. The bill reflects a growing recognition of the need for clear legal frameworks that guide health care decisions, respecting patients’ rights, particularly in vulnerable situations.
Notably, the proposed legislation includes provisions that disqualify certain individuals from serving as health care proxies if they are under investigation or have been convicted of serious offenses involving bodily harm to an incapacitated person. This stipulation introduces a protective measure intended to safeguard the interests of vulnerable patients, albeit it may prompt discussions around the implications of such restrictions on familial relationships during critical health crises.