Not sure who to call? Elder Services of Cape Cod & the Islands, free: 800-244-4630

Sign in
Text size

The papers every family needs, before they are needed

Written by the directory’s editors from the sources listed at the foot of the page. Not yet reviewed by an outside professional — are you one? Nobody paid to be mentioned.

Facts checked 28 September 2026

In one minute

Every adult needs a health care proxy, naming who makes medical decisions if they can’t, and a durable power of attorney, naming who handles money and property. They only work if signed while the person can still understand them. Without them, a family may need a court guardianship or conservatorship — slower, costlier and public.

Free legal help for people 60+, including estate-planning clinicsSouth Coastal Counties Legal Services (SCCLS)
South Coastal Counties Legal Services
800-244-9023

Key facts

Health care proxyMassachusetts statutory form; signed before two adult witnesses
Durable power of attorneyContinues if you lose capacity; ends at death
Living willNo statutory form in Massachusetts — write wishes down for your agent
MOLSTMedical orders for serious illness, signed with a clinician

What does each paper do?

PaperWhat it doesWho usually prepares it
Health care proxyNames your health care agent to make medical decisions if you can’tYou, on the Massachusetts form, before two adult witnesses
Durable power of attorneyNames your agent for money, bills and property, including selling a houseA lawyer, so it covers what you need
HIPAA releaseLets doctors talk to named family membersA lawyer or your doctor’s office
MOLSTMedical orders about life-sustaining treatment, followed by ambulance crewsYou with your doctor or nurse practitioner, when seriously ill
WillWho inherits and who should be personal representativeA lawyer
TrustCan hold the house and other assets, and often avoids probateA lawyer

Why does timing matter so much?

These papers only work if they are signed while the person can still understand and sign them. After a stroke, or as dementia progresses, that window can close. Without a power of attorney, a family may have to ask the probate court to appoint a conservator (for money) or guardian (for personal and medical decisions). That is slower, costs more, and is public.

For a Cape homeowner, the power of attorney matters especially: without one, selling the house to pay for care can mean a court process first. And a power of attorney ends at death, when probate takes over — see after a death.

How do I fill in a health care proxy in Massachusetts?

What is a MOLST, and who needs one?

MOLST (Medical Orders for Life-Sustaining Treatment) is a Massachusetts form for people with a serious illness. It records decisions about treatments such as resuscitation and breathing machines as medical orders, signed by the patient (or their agent) and a doctor, nurse practitioner or physician assistant. Ambulance crews and hospitals follow it. Keep it on the fridge, where crews look.

Where should the papers be kept?

Our free “where my important papers are” page lets you record where each one is, and print it.

Where do Cape families get help?

Free legal aid for people 60+, with free estate-planning clinics by Zoom or phone
South Coastal Counties Legal Services (SCCLS)
800-244-9023

Also runs free clinics by Zoom or phone: estate planning (quarterly), a family-law workshop (every other Tuesday 2–4) and eviction record sealing (monthly).

Elder-law and estate-planning attorneys on the Cape. Ask what a health care proxy and power of attorney cost on their own — many firms charge a modest fixed fee.

Mistakes families make

  1. Waiting until after a diagnosis, when signing may no longer be possible.
  2. Using a generic online power of attorney that a bank or registry will not accept for a house sale.
  3. Naming an agent without telling them, or telling them nothing about your wishes.
  4. Keeping the only copy in a locked box nobody else can open.
  5. Assuming a spouse or child can automatically make decisions without these papers.

For professionals and organisations

Doctors’ offices, hospitals, Councils on Aging, financial advisers: the comparison table is a neutral explainer that names no law firm. We welcome review by a Massachusetts elder-law attorney — see how reviewing works.

Common questions

What is the difference between a health care proxy and a power of attorney?

A health care proxy names someone to make medical decisions if you cannot. A durable power of attorney names someone to handle money, bills and property. Most people need both.

Does Massachusetts have a living will?

Massachusetts has no statutory living will form. People usually name a health care agent in a health care proxy and write down their wishes to guide that agent.

How many witnesses does a Massachusetts health care proxy need?

Two adult witnesses. It is wise that neither witness is the person named as the health care agent.

What happens if a parent has dementia and no power of attorney?

The family may need to ask the probate court to appoint a conservator for finances or a guardian for personal decisions. It takes longer, costs more and is public, which is why signing papers early matters.

What is a MOLST form?

MOLST is a Massachusetts medical order form for people with serious illness, recording decisions about life-sustaining treatment. It is signed by the patient or their agent and a clinician, and ambulance crews follow it.

General information about how things work in Massachusetts and on Cape Cod, not legal, tax, financial or medical advice. Figures and rules change: the date each fact was checked is at the top of the page. How we check facts · Report a mistake.

Sources
Not sure who to call?Elder Services, free 800-244-4630