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SENATE DOCKET, NO. 965 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1093
The Commonwealth of Massachusetts
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PRESENTED BY:
Ryan C. Fattman
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to health care proxy reform.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Ryan C. FattmanWorcester and HampdenBruce E. TarrFirst Essex and Middlesex2/26/2025 1 of 2
SENATE DOCKET, NO. 965 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1093
By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1093) of Ryan C. Fattman and
Bruce E. Tarr for legislation relative to health care proxy reform. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 966 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to health care proxy reform.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 2 of chapter 201D of the General Laws, as appearing in the 2022 Official Edition,
2is hereby amended by inserting the following paragraph:-
3 If a health care agent has not been appointed by a competent adult through the execution
4of a health care proxy, health care decisions may be made by any of the following individuals, in
5the following order of priority, when it is determined pursuant to section six that the principal
6lacks capacity to make health care decisions: (i) the principal’s spouse, (ii) an adult child of the
7principal, (iii) a parent of the principal, (iv) an adult sibling of the principal, (v) an adult relative
8of the principal who has exhibited special care and concern for the principal and who has
9maintained regular contact with the principal and who is familiar with the principal’s activities
10and health. Any health care decision made by a health care agent designated by this paragraph 2 of 2
11must be based on informed consent and on the decision the health care agent reasonably believes
12the patient would have made under the circumstances. If there is no indication of what the patient
13would have chosen, the health care agent may consider the patient’s best interest in deciding that
14proposed treatments are to be withheld or that treatments currently in effect are to be withdrawn.
15No person under this paragraph shall be named a health care agent by execution of a health care
16proxy who: (i) is currently being investigated or is the subject of a criminal complaint or an
17indictment for any violation of chapter 265 of the General Laws that resulted in serious bodily
18injury to a principal who has become incapacitated; (ii) is currently being investigated by law
19enforcement, the department of elder services or the office of children and families for neglect,
20or is the subject of a criminal complaint or indictment therefore, of a principal who has become
21incapacitated; or (iii) has been convicted of committing an assault and battery or neglect and the
22commission of such offense resulted in serious bodily injury to a principal who has become
23incapacitated as defined by said chapter 265. Nothing in this paragraph shall prevent an
24individual from their right to deny signing the execution of a health care proxy for any reason.