Massachusetts General Laws

Mass. Gen. Laws ch. 201D, § 5 (2026)

Authority of agent

✓ current as of July 2026

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Section 5. An agent shall have the authority to make any and all health care decisions on the principal's behalf that the principal could make, including decisions about life-sustaining treatment, subject, however, to any express limitations in the health care proxy.

After consultation with health care providers, and after full consideration of acceptable medical alternatives regarding diagnosis, prognosis, treatments and their side effects, the agent shall make health care decisions: (i) in accordance with the agent's assessment of the principal's wishes, including the principal's religious and moral beliefs, or (ii) if the principal's wishes are unknown, in accordance with the agent's assessment of the principal's best interests.

Notwithstanding any general or special law to the contrary, the agent shall have the right to receive any and all medical information necessary to make informed decisions regarding the principal's health care, including any and all confidential medical information that the principal would be entitled to receive.

Health care decisions by an agent pursuant to a health care proxy on a principal's behalf shall have the same priority over decisions by any other person, including a person acting pursuant to a durable power of attorney as would decisions by the principal, when competent, except as otherwise provided in the health care proxy or by specific court order overriding the proxy.

A physician who is provided with a health care proxy shall arrange for the proxy or a copy thereof to be inserted in the principal's medical record.

A health care provider shall comply with health care decisions made by an agent under a health care proxy to the same extent as if such decisions have been made by the principal, subject to any limitations in the health care proxy, or in any specific court order.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1996–2023 · leading case: Johnson v. Kindred Healthcare, Inc..

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Johnson v. Kindred Healthcare, Inc. (Mass. 2014). · cites it 5× “This case presents the question whether a health care agent’s agreement with a health care facility to arbitrate disputes arising from the principal’s stay at that facility constitutes a “health care decision” binding on the principal pursuant to G. L. c. 201D, § 5. 4 The…”

Licata v. GGNSC Malden Dexter LLC (Mass. 2014). · cites it 2× “On August 19, 2008, the day after Rita was admitted to a medical center for evaluation of increased confusion, she signed a health care proxy designating Salvatore as her health care agent, pursuant to G. L. c. 201D, § 5, in the event of her incapacity to make health care…”

Susan Gallagher v. South Shore Hosp., Inc., & Others. (Mass. App. Ct. 2022). · cites it 2× “Once a proxy is invoked, the agent stands in the shoes of the principal when it comes to "any and all" decisions affecting the principal's bodily integrity, G. L. c. 201D, § 5, because the agent is required to make decisions "'from the principal's perspective,' in accordance…”

Cohen v. Bolduc (Mass. 2002). · cites it 2× “12 G. L. c. 201D, § 5. Advance directive statutes can apply to physical or mental conditions, or (as in Massachusetts) to both.”

Barrow v. Dartmouth House Nursing Home, Inc. (Mass. App. Ct. 2014). “Around the same time that Elizabeth was admitted to the nursing home, she signed a health care proxy designating Scott as her health care agent, pursuant to G. L. c. 201D, § 5, in the event of her incapacity to make health care decisions.”

Guardianship of Mason (Mass. App. Ct. 1996). · cites it 2× “His powers and responsibilities as such are set out in G. L. c. 201D, § 5, inserted by St. 1990, c.”

In re Bolduc (Mass. Dist. Ct., App. Div. 2001). “G.L.c. 201D, §5. In the circumstances of this case, McLean properly treated the Proxy Agent’s application for the conditional voluntary admission of Ms.”

Guardianship of L.S. (Mass. App. Ct. 2023). · cites it 2× “See G. L. c. 201D, § 5. 2 That statute authorizes a health care provider, conservator, guardian, family member, or close friend of the principal or the commissioner of public health to commence a special proceeding to determine the validity of the principal's health care proxy,…”

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