Section 17. The health care provider, the conservator for, or guardian of the principal, members of the principal's family, a close friend of the principal, or the commissioner of public health may commence a special proceeding in a court of competent jurisdiction, with respect to any dispute arising under this chapter, including, but not limited to, a proceeding to:
(i) determine the validity of the health care proxy;
(ii) have the agent removed on the ground that the agent is not reasonably available, willing and competent to fulfill his or her obligations under this chapter or is acting in bad faith; or
(iii) override the agent's decision about health care treatment on the grounds that: the decision was made in bad faith or the decision is not in accordance with the standards set forth in section five.
Notes of Decisions
Johnson v. Kindred Healthcare, Inc., 466 Mass. 779 (Mass. 2014).
“” G. L. c. 201D, § 17. Echoing the language of the health care proxy statute, Dalton’s health care proxy authorized his agent “to make any and all health care decisions for me, except to the extent that I state otherwise.”
Susan Gallagher v. South Shore Hosp., Inc., & Others., 101 Mass. App. Ct. 807 (Mass. App. Ct. 2022).
“, see G. L. c. 201D, § 17, the health care proxy statute "ensures that a patient's right of autonomy and self-determination with regard to medical care is respected, even after she loses the capacity to make and communicate her wishes.”
Cohen v. Bolduc, 435 Mass. 608 (Mass. 2002).
“We also note that G. L. c. 201D, § 17, permits a wide range of persons, including the principal’s health care provider, members of her family, and a close friend, among others, to commence a proceeding to override the agent’s decision should any one of these persons believe that…”
Guardianship of L.S. (Mass. App. Ct. 2023).
· cites it 4× “claims that a health care proxy can only be revoked through a special proceeding under G. L. c. 201D, § 17,2 we disagree. In Guardianship of Mason, 41 Mass.”
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