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HOUSE DOCKET, NO. 1223         FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1354

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Sarah K. Peake

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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.

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PETITION OF:

 

Name:

District/Address:

Sarah K. Peake

4th Barnstable

Cleon H. Turner

1st Barnstable

Cory Atkins

14th Middlesex

William N. Brownsberger

 

James B. Eldridge

 

Randy Hunt

5th Barnstable

Timothy R. Madden

Barnstable, Dukes and Nantucket

David T. Vieira

3rd Barnstable

Martin J. Walsh

13th Suffolk

Martha M. Walz

8th Suffolk

Alice K. Wolf

25th Middlesex


HOUSE DOCKET, NO. 1223        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1354

By Ms. Peake of Provincetown, a petition (accompanied by bill, House, No. 1354) of Sarah K. Peake and others relative to living wills.  The Judiciary. 


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Eleven

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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. Chapter 201D:1 section 1 of the 2008 official edition of the general laws shall be amended by inserting after line 28 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. Chapter 201D:2 section 2 of the 2008 official edition of the general laws 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 28 to read as follows: “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.  Chapter 201D:4, section 4 of the 2008 official edition of the general laws is amended by renumbering paragraph “iv” to become paragraph “v” and by deleting the word “and” in line 6, 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.  Chapter 201D:5, section 5 of the 2008 official edition of the general laws is amended by: (1) inserting after the word “proxy” in line 4 the words “and the Living Will.” (2) inserting after the word “principal’s” in line 9 the words “Living Will,” (3) inserting after the word “proxy” in lines 23, 24, and 29 the words “and Living Will”.

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