In Massachusetts and Vermont, people often confuse these two important medical planning documents. Both are valuable, but they serve different purposes—and having only one may leave gaps in your protection.

What a Health Care Proxy Does

A Health Care Proxy lets you appoint a trusted person—known as your agent—to make medical decisions if you’re unable to. This document is legally recognized in both Massachusetts and Vermont.

For example, if you’re in a hospital in Boston, Brookline, or Northampton and can’t communicate, your chosen agent can speak with doctors and make treatment choices for you.

What a Living Will Does

A Living Will is a written statement that explains your preferences for end-of-life care, such as life support or pain management. While not legally binding in Massachusetts, it helps guide your agent and your doctors.

Why You Need Both A Health Care Proxy And A Living Will

Together, these documents ensure that your wishes are honored. The Health Care Proxy gives authority; the Living Will provides guidance. Without them, your family may need to petition a court in places like Hampden or the Pioneer Valley for guardianship.

Healthcare-Related Estate Planning Across State Lines

If you spend time in both Massachusetts and Vermont—as many residents of Longmeadow or Wellesley do—having up-to-date, state-compliant documents ensures your wishes are respected everywhere you go.

 

Make sure your health care wishes are legally protected — contact us online at https://www.oconnelllawgroup.com/contact/.


Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

Tiffany A. O'Connell, JD, LLM, CELA, AEP

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

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