Massachusetts General Laws

Mass. Gen. Laws ch. 201D, § 1 (2026)

Definitions

✓ current as of July 2026

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Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:—

''Attending physician'', the physician, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient, in whatever setting medical diagnosis or treatment is rendered. Where more than one physician shares such responsibility, any such physician may act as the attending physician.

''Capacity to make health care decisions'', the ability to understand and appreciate the nature and consequences of health care decisions, including the benefits and risks of and alternatives to any proposed health care, and to reach an informed decision.

''Facility'', any facility as defined in section seventy E of chapter one hundred and eleven.

''Health care'', any treatment, service or procedure to diagnose or treat the physical or mental condition of a patient.

''Health care agent'' or ''agent'', an adult to whom authority to make health care decisions is delegated under a health care proxy.

''Health care decision made by an agent under a health care proxy'', a decision which is made in accordance with the requirements of this chapter, is consistent with any limitations in the health care proxy, and is consistent with responsible medical practice.

''Health care provider'', an individual or facility licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or professional practice.

''Health care proxy'', a document delegating to an agent the authority to make health care decisions, executed in accordance with the requirements of this chapter.

''Principal'', a person who has executed a health care proxy.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2002–2022 · leading case: Licata v. GGNSC Malden Dexter LLC, 466 Mass. 793 (Mass. 2014).

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Licata v. GGNSC Malden Dexter LLC, 466 Mass. 793 (Mass. 2014). “As defined by G. L. c. 201D, § 1, lack of capacity means that the patient lacks “the ability to understand and appreciate the nature and consequences of health care decisions, including the benefits and risks of and alternatives to any proposed health care, and to reach an…”

Cohen v. Bolduc, 435 Mass. 608 (Mass. 2002). · cites it 2× “G. L. c. 201D, §§ 1, 5. One aspect of mental health treatment — whether an advance directive should convey the authority to commit a principal to a mental health facility — has been the subject of some debate among commentators, 13 is the subject of a uniform law promulgated by…”

Johnson v. Kindred Healthcare, Inc., 466 Mass. 779 (Mass. 2014). “” G. L. c. 201D, § 1. Taken together, these definitions appear on their face to limit “health care decisions” to those that directly involve the provision of responsible medical services, procedures, or treatment of the principal’s physical or mental condition.”

Susan Gallagher v. South Shore Hosp., Inc., & Others., 101 Mass. App. Ct. 807 (Mass. App. Ct. 2022). “" G. L. c. 201D, § 1. By Page 835 requiring court approval to override a "[h]ealth care decision made by an agent under a health care proxy," id.”

Licata v. GGNSC Malden Dexter, LLC, 29 Mass. L. Rptr. 467 (Mass. Super. Ct. 2012). “Under Chapter 20 ID, an agent has authority to make “any and all health care decisions on the principal’s behalf that the principal could make .”

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