MA S1093

Establishes a default priority order for health care decision-makers when an incapacitated adult has no health care proxy: (1) spouse, (2) adult child, (3) parent, (4) adult sibling, (5) adult relative who has shown special care and maintained regular contact

Requires surrogate decision-makers to base choices on informed consent and what the patient would have wanted; if unknown, decisions must reflect the patient's best interest

Disqualifies individuals from serving as default health care agents if they are under investigation, charged, or convicted of crimes under Chapter 265 (crimes against persons) that caused serious bodily injury to the incapacitated person

Disqualifies individuals currently under investigation or charged with neglect of the incapacitated person by law enforcement, Department of Elder Services, or Office of Children and Families

Preserves the right of any designated individual to decline serving as a health care agent for any reason