The papers every family needs, before they are needed
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.
- Health care proxy: medical decisions. Massachusetts form, two adult witnesses.
- Durable power of attorney: money and property, including selling a house.
- Both must be signed while the person can still understand them.
- MOLST: medical orders for people with serious illness, signed with a clinician.
- Tell someone where the originals are.
South Coastal Counties Legal Services
Key facts
| Health care proxy | Massachusetts statutory form; signed before two adult witnesses |
|---|---|
| Durable power of attorney | Continues if you lose capacity; ends at death |
| Living will | No statutory form in Massachusetts — write wishes down for your agent |
| MOLST | Medical orders for serious illness, signed with a clinician |
What does each paper do?
| Paper | What it does | Who usually prepares it |
|---|---|---|
| Health care proxy | Names your health care agent to make medical decisions if you can’t | You, on the Massachusetts form, before two adult witnesses |
| Durable power of attorney | Names your agent for money, bills and property, including selling a house | A lawyer, so it covers what you need |
| HIPAA release | Lets doctors talk to named family members | A lawyer or your doctor’s office |
| MOLST | Medical orders about life-sustaining treatment, followed by ambulance crews | You with your doctor or nurse practitioner, when seriously ill |
| Will | Who inherits and who should be personal representative | A lawyer |
| Trust | Can hold the house and other assets, and often avoids probate | A 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?
- Use the Massachusetts health care proxy form.
- Name one agent, and an alternate if you can.
- Sign in front of two adult witnesses. It is wise that neither witness is the person you name as agent.
- Talk to your agent about what you would want. Massachusetts has no official “living will”, so a written note of your wishes helps your agent.
- Give copies to your agent, your doctor and your hospital.
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?
- Originals somewhere safe that someone else knows about — not a safe-deposit box only you can open
- Copies with the health care agent, the doctor and the hospital
- A MOLST on the fridge
- A note of where everything is: will, trust, deeds, insurance, bank and pension details
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
- Waiting until after a diagnosis, when signing may no longer be possible.
- Using a generic online power of attorney that a bank or registry will not accept for a house sale.
- Naming an agent without telling them, or telling them nothing about your wishes.
- Keeping the only copy in a locked box nobody else can open.
- 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.