MA S1047

Establishes a legal process for appointing surrogate decision-makers to make health care decisions for incapacitated adults who lack a valid health care proxy, MOLST form, or court-appointed guardian, without requiring court involvement.

Creates a priority hierarchy for surrogates: spouse (unless legally separated), adult child, parent, adult sibling, or other qualified adult who has shown special care and concern for the patient and is familiar with their values.

Requires surrogates to make decisions based on what the incapacitated person would have wanted, considering their philosophical, religious, and moral beliefs; if wishes are unknown, decisions must be made in the patient's best interests.

Limits surrogate authority to 90 days or the duration of the treatment episode, and prohibits surrogates from committing patients to inpatient mental health facilities.

Provides liability protections for health care providers who act in good faith reliance on surrogate decisions, and establishes a court process to remove surrogates acting in bad faith or override inappropriate decisions.