To create a legally valid health care proxy, you must fulfill certain basic requirements under Massachusetts law:
You must be a competent adult
The health care proxy must be in writing, identifying you (the “principal“) and your health care agent.
You must sign the document or direct someone to do so for you
There must be two adult witnesses present at the time of your signature. They should then should sign their names to the health care proxy. Neither of your witnesses can be your health care agent.
Your witnesses must create a written affirmation to state that you are over the age of 18, of sound mind, and signing voluntarily.
Your document must further state that it is your intention to give your health care agent authority over your health care in the event that you lack the capacity to do so. If you want to limit your agent’s authority, you must make this clear in your health care proxy.