Amendment ID: S2871-58

Amendment 58

Health Care Proxy Reform

Mr. Fattman moves that the proposed new text be amended by inserting after section X the following section:-

"SECTION XX. Section 2 of chapter 201D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-

If a health care agent has not been appointed by a competent adult through the execution of a health care proxy, health care decisions may be made by any of the following individuals, in the following order of priority, when it is determined pursuant to section six that the principal lacks capacity to make health care decisions: (i) the principal’s spouse, (ii) an adult child of the principal, (iii) a parent of the principal, (iv) an adult sibling of the principal, (v) an adult relative of the principal who has exhibited special care and concern for the principal and who has maintained regular contact with the principal and who is familiar with the principal’s activities and health. Any health care decision made by a health care agent designated by this paragraph must be based on informed consent and on the decision the health care agent reasonably believes the patient would have made under the circumstances. If there is no indication of what the patient would have chosen, the health care agent may consider the patient’s best interest in deciding that proposed treatments are to be withheld or that treatments currently in effect are to be withdrawn. No person under this paragraph shall be named a health care agent by execution of a health care proxy who: (i) is currently being investigated or is the subject of a criminal complaint or an indictment for any violation of chapter 265 of the General Laws that resulted in serious bodily injury to a principal who has become incapacitated; (ii) is currently being investigated by law enforcement, the department of elder services or the office of children and families for neglect, or is the subject of a criminal complaint or indictment therefore, of a principal who has become incapacitated; or (iii) has been convicted of committing an assault and battery or neglect and the commission of such offense resulted in serious bodily injury to a principal who has become incapacitated as defined by said chapter 265. Nothing in this paragraph shall prevent an individual from their right to deny signing the execution of a health care proxy for any reason.”