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Bill

H 1736

An Act relative to determining capacity and invoking the health care proxy

194th Legislature (2025-2026) Introduced by Jamie Eldridge and 3 co-sponsors

Establishes procedures for assessing medical decision-making capacity and activating health care proxy authority to guide end-of-life and critical medical decisions.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 1736

Legislative bill overview

H 1736 establishes new procedures for determining medical decision-making capacity and invoking health care proxy authority in Massachusetts. The bill creates standardized protocols for assessing when a patient lacks capacity to make their own health care decisions and clarifies the process for activating proxy decision-making by designated representatives.

Why is this important

This legislation directly affects end-of-life care, emergency medical decisions, and the rights of vulnerable patients who cannot communicate their wishes. Clear capacity determination procedures protect both patients' autonomy and healthcare providers from legal liability when making critical medical decisions.

Potential points of contention

  • Capacity assessment standards: Disagreement over who determines capacity (physicians alone vs. multidisciplinary teams) and what cognitive/functional thresholds should apply
  • Proxy authority scope: Tension between broad proxy decision-making powers and safeguards against abuse or decisions contrary to patient values
  • Emergency situations: Balancing the need for rapid decisions in medical emergencies against procedural protections that may require time
  • Family vs. professional judgment: Potential conflicts when proxies and medical professionals disagree on appropriate treatment withdrawal or life-sustaining measures

Compiled from official sources — confirm details with the bill’s official record.

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