In Massachusetts you have the right to appoint a health care agent (as well as alternate health care agents) by executing a health care proxy.

You must be:

1. At least eighteen years of age,
2. Of sound mind, and
3. Under no constraint or undue influence.

Every adult is presumed competent and every health care proxy is presumed to be properly executed unless a court finds otherwise. Nonetheless, your signature must be witnessed by two adults and neither can be named as your health care proxy.

An alternate health care proxy may serve when the designated health care agent is not available, willing or competent to serve and is not expected to become available, willing or competent to make a timely decision (given the patient’s medical circumstances); or is otherwise disqualified under law from acting on the principal’s behalf.