HOUSE DOCKET, NO. 1377        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1548

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Sarah K. Peake

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to living wills.

_______________

PETITION OF:

HOUSE DOCKET, NO. 1377        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1548

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1354 OF 2011-2012.]

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Thirteen

_______________

An Act relative to living wills.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 201D of the Massachusetts General Laws shall be amended so that the title reads as follows: Health Care Proxies and Living Wills.

SECTION 2.  Section 1 of Chapter 201D of the General Laws as appearing in the 2010 official edition shall be amended by inserting after line 27 the following, “Living Will”, a document designating medical treatments that the Principal would or would not want if he or she became terminally ill and unable to make his or her own decisions.”

SECTION 3.  Section 2 of Chapter 201D of the General Laws as appearing in the 2010 official edition shall be amended by inserting after the word “proxy” in the title the words “living will”, and by inserting a new paragraph after the word “otherwise” in line 12 the following: “Every competent adult shall have the right delineate their wishes and instructions about healthcare decisions by executing a living will. Said living will shall be in writing signed by such adult or at the direction of such adult in the presence of two other adults who shall subscribe their names as witnesses to such signature. The witnesses shall affirm in writing that the principal appeared to be at least eighteen years of age, of sound mind and under no constraint or undue influence. No person who has been named as health care agent in the Principal’s  health care proxy shall act as a witness to the execution of such living will. For the purposes of this section, every adult shall be presumed to be competent and every living will shall be presumed to be properly executed unless a court determines otherwise.”

SECTION 4.  Section 4 of Chapter 201D of the General Laws as appearing in the 2010 official edition is amended by renumbering paragraph “iv” to become paragraph “v” and by deleting the word “and” in line 6 and inserting a new paragraph “iv”  to read as follows, “the  principal's  wishes  or   instructions  about  health  care  decisions, including, but not limited to wishes  about   artificial   nutrition  and  hydration; and”. 

SECTION 5.  Section 5 of Chapter 201D of the General Laws as appearing in the 2010 official edition is amended by inserting after the word “proxy” in line 4 the words “and the living will.” and further by inserting after the word “principal’s” in line 9 the words “living will,” and further by inserting after the word “proxy” in lines 23, 24, and 29 the words “and living will”.