Mass. Gen. Laws ch. 201D § 17

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session

Section 201D:17 - Court proceedings to settle health care proxy disputes

The health care provider, the conservator for, or guardian of the principal, members of the principal's family, a close friend of the principal, or the commissioner of public health may commence a special proceeding in a court of competent jurisdiction, with respect to any dispute arising under this chapter, including, but not limited to, a proceeding t

(i) determine the validity of the health care proxy;

(ii) have the agent removed on the ground that the agent is not reasonably available, willing and competent to fulfill his or her obligations under this chapter or is acting in bad faith; or

(iii) override the agent's decision about health care treatment on the grounds that: the decision was made in bad faith or the decision is not in accordance with the standards set forth in section five.

Mass. Gen. Laws ch. 201D, § 17