Massachusetts Healthcare Laws
Physicians in Massachusetts rely on the informed consent of "responsible parties" on behalf of an incapacitated patient. § 16.An adult may designate a health care agent by executing a health care proxy. The proxy shall be in writing signed by such adult or at the direction of such adult in the presence of two witnesses. § 2.
Note that Massachusetts recognizes marriage equality for same-sex couples. However, the decision-making process in the event of incapacity, as referred to above, does not specifically depend on whether the incapacitated patient is married. A spouse would almost certainly qualify as a "responsible party", although the statute referred to above does not specify.
Citation: Health Care Proxies: Mass. Gen. Laws Ann. ch. 201D. § 1 to 16
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Last Updated: 5/1/2008