Document end-of-life preferences in Massachusetts: Massachusetts Living Will
What is a Massachusetts Living Will?
A Massachusetts Living Will is a document that lays out your wishes related to medical care, such as your request for or refusal of a certain medical treatment, in addition to the selection of a trusted healthcare decision maker or "agent."
The person making a Living Will is called the "principal," while the people or organizations receiving permission to carry out the principal's wishes are called "agents." Each Massachusetts Living Will form from Rocket Lawyer can be edited for your particular situation. This document will provide a record of your preferences to your agent(s), and it will certify that they have been given the authority to make choices for you. Under Massachusetts law, doctors are not legally required to follow your written preferences for treatment, however they must regard your agent's decisions as your own, so documenting your choices in a Living Will is still important.
When to use a Massachusetts Living Will:
- Protecting your family comes first, and you want to give them the information necessary to make the right end-of-life decisions for you.
- You want to create a full estate plan including information on healthcare.
How do I get my Massachusetts Living Will reviewed?
If you already have a Massachusetts Living Will and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
Massachusetts Living Will FAQs
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How do I write a Living Will in Massachusetts?
It is very simple to document your medical wishes with a free Massachusetts Living Will template from Rocket Lawyer:
- Make your Living Will - Provide a few details, and we will do the rest
- Send or share it - Review the document with your healthcare agent(s) or seek legal advice
- Sign it - Required or not, witnesses/notarization are encouraged
This method, in many cases, would end up being much more affordable and convenient than hiring a conventional attorney. If necessary, you may prepare this Living Will on behalf of your spouse or another family member, and then have that person sign once you've drafted it. Please keep in mind that for any agent to be legally recognized, the principal must be mentally competent when they sign. If the principal is already incapacitated and unable to make their own decisions, a conservatorship may be required. In this scenario, it's best for you to connect with an Legal Pro.
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Do I need to write a Living Will?
Everyone over 18 years old ought to have a Living Will in place. Even though it's painful to think about, a day could come when you cannot make medical decisions on your own. Here are a few common occasions in which you might find it useful to make or update your Living Will:
- You are planning to move into a care facility
- You are managing a terminal condition
- You are getting older or have declining health
- You are facing the possibility of medical procedure or hospitalization
Regardless of whether your Massachusetts Living Will has been created in response to a change in your health or as part of a forward-looking plan, notarization and witnesses often help to protect your agent if their authority is disputed by a third party.
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Do I need to work with an attorney to review my Living Will in Massachusetts?
It’s a good idea to have important documents like your Massachusetts Living Will reviewed before signing, so you fully understand your choices and help avoid unintended outcomes. The problem is that some attorneys may not review documents they didn’t prepare, while others may require a retainer or high hourly fees. This can make getting a legal review of your Massachusetts Living Willdifficult and time-consuming.
Rocket Lawyer makes the process easier. With Rocket Lawyer, you can request a review from a Legal Pro or ask questions about your document. You can also use Rocket Copilot to review your document, identify potential issues, and check that everything is complete before signing.
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On average, what would it typically cost for me to make a Living Will in Massachusetts?
Attorney fees for drafting or reviewing a Massachusetts Living Will can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized Massachusetts Living Will tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask a Legal Pro for guidance.
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Does a Living Will need to be notarized or witnessed in Massachusetts?
In Massachusetts, there are no laws regarding Living Wills specifically, however when you are appointing an agent via "Health Care Proxy" (also known as Healthcare Power of Attorney), your witnesses must be at least 18 years old, and none should also be acting as your agent.
