Thursday, July 17, 2014

Probate Court Issues Revised Procedures and Forms for Health Care Proxy Disputes

The Probate and Family Court has released new procedures and forms for health care proxy disputes.  Under Massachusetts General Laws chapter 201D, section 17, an action can be filed to remove a health care agent, to determine the validity of a health care proxy, or to override a health care agent's decision about health care treatment.  A document entitled "Procedure for Actions Filed under G.L. c. 201D" (MPC 956) explains what forms are necessary, where to file, filing fees, whether counsel is appointed, notice requirements, and what happens at the hearing.