What is a Medical Order Life Sustaining Treatment (MOLST) Form?
In Massachusetts, we do things a little differently than other states. Whereas some states have legally binding advanced health care directives or “living wills” for specific medical scenarios, in Massachusetts we rely on something called a Medical Order for Life Sustaining Treatment - also known as a MOLST.
What is the difference between a MOLST and a health care proxy?
A MOLST is a medical form that would be completed by the client and their health care provider (either a physician, nurse practitioner, or physician’s assistant needs to sign the form). An attorney cannot do a MOLST for a client. However, an attorney can draft a health care proxy, which is a broader legal authorization that allows you to choose persons (generally, one individual in order of priority) to be able to make medical decisions on behalf of the client. The health care agent named under the client’s health care proxy may also be allowed to sign a MOLST on behalf of the client (the “principal” of the health care proxy).
What does the MOLST do?
A MOLST allows the client to specify things such as:
Cardiopulmonary Resuscitation
Ventilation
Non-Invasive Ventilation
Transfer to Hospital
Intubation
Dialysis
Artificial Nutrition
Artificial Hydration
Does a MOLST trump the health care proxy?
No, a Medical Order for Life Sustaining Treatment does not trump a health care proxy. In fact, it’s generally the opposite. In other words, the health care proxy agent has general authority (assuming the client / principal is unable to speak or express otherwise on his or her own behalf) to make all medical decisions on behalf of the principal. To be clear, a health care proxy agent usually has no authority unless and until a physician finds that the principal is unable to make such decisions on their own. It’s also important to note that a competent person can reject or revoke their health care proxy agent at any time.
Do I need a Medical Order for Life Sustaining Treatment (MOLST)?
While it’s nice to have, many of my clients do not go out of their way to complete a MOLST unless they have a severe pre-existing condition or consider themselves to be in the more advanced years of life (usually age 80 or older). I’ve certainly had younger family’s complete a MOLST, but if you are procrastinating on getting your basic estate planning documents done (i.e., your Will, Trust, Health Care Proxy, Durable Power of Attorney) then those should generally take priority. Remember: even if you are married, there is no legal guarantee that a doctor will listen to your spouse unless they have a signed health care proxy in hand stating that they (your spouse) is the primary agent authorized to make medical decisions on your behalf.
Interest in getting your estate plan documents in order? Give me a call at 781 202 6368, email jlento@perennialtrust.com, or click here to schedule your free personal consultation.
I’m always happy to help,
Joseph M. Lento, J.D.
Your Local Estate Planning Attorney
www.PerennialEstatePlanning.com
477 Main Street
Stoneham, MA 02180
