Massachusetts General Laws

Mass. Gen. Laws ch. 201D, § 16 (2026)

Lack of proxy; effect

✓ current as of July 2026

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Section 16. In those instances that a health care proxy has not been executed, nothing herein shall preclude a health care provider from relying upon the informed consent of responsible parties on behalf of incompetent or incapacitated patients to the extent permitted by law.

Nothing in this chapter shall invalidate a power of attorney delegating the authority to make health care decisions executed prior to the enactment of this chapter.

A competent adult's failure to appoint a health care agent or to provide the agent with specific health care instructions pursuant to this article shall create no presumptions regarding the adult's wishes about health care.

Notes of Decisions

Cited in 2 cases, 2012–2014 · 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). “” GGNSC argues in the alternative that Salvatore was authorized to sign the arbitration agreement as Rita’s son and “responsible party” under G. L. c. 201D, § 16. This argument is unavailing.”

Licata v. GGNSC Malden Dexter, LLC, 29 Mass. L. Rptr. 467 (Mass. Super. Ct. 2012). “See G.L.c. 201D, §16 (where no health care proxy executed, statute does not preclude health care provider from relying on informed consent of responsible parties on behalf of incompetent or incapacitated patients to extent permitted by law).”

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