The bill amends Chapter 201D of the General Laws to enhance medical decision-making processes, particularly for incapacitated individuals. It allows agents designated under health care proxies to continue their authority for up to six months after the principal's death, provided express permission is given. Additionally, a new Chapter 201G is introduced, which outlines the framework for surrogate decision-making. This includes definitions of key terms such as "attending physician," "capacity to make health care decisions," and "incapacitated person." The bill establishes procedures for designating surrogate decision makers, prioritizing individuals based on their relationship to the incapacitated person, and ensuring that health care providers can rely on decisions made by these surrogates.

The legislation also details the responsibilities and limitations of surrogate decision makers, including the requirement for a written declaration of authority and the process for replacing surrogates if necessary. It emphasizes that health care providers are protected from liability when acting on the decisions of surrogate decision makers, as long as they act in good faith. Furthermore, the bill allows for legal proceedings to challenge or remove surrogate decision makers if they are deemed unfit. Importantly, the provisions of this chapter do not apply if an incapacitated person has a valid health care proxy or medical order that governs their treatment.

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