How Do I ...?

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How do I get life insurance?

If you are HIV-positive, the best way to get life insurance is through a job that offers group life insurance as a benefit. If you cannot get life insurance through your job, you may be able to buy life insurance privately under certain conditions.

For more information, see Life and Burial Insurance and Forum on Insurance Issues on The Body web site, and I’m HIV positive, but can I still purchase life insurance? from the AIDS Action Committee.

How do I get a health care proxy?

A health care proxy is a simple legal document that allows you to choose someone to make medical decisions for you, if, for any reason, you are unable to make these decisions yourself. The person you choose (your "agent") must be at least 18 years old, and should be someone you know and trust to act in your best interest. You can give your agent the authority to make all medical decisions for you, or you can limit your agent's authority by including a list of specific medical treatments you would accept or reject.

Your health care proxy will take effect only if your physician declares in writing that you are unable to make your own decisions. This could happen if you were unconscious or in a coma, or mentally incompetent, for example. Your agent would then be allowed to talk to your doctors about your health, and would have the authority to accept or refuse treatment for you.

You do not need a lawyer to complete a health care proxy. You can fill out the form yourself. The only requirement is that you sign your health care proxy in front of two adult witnesses. (Your agent cannot be a witness.) Once you have signed the form, you should give a copy to your agent, your doctors, family members, and any health centers where your medical records are kept. You may change your health care proxy at any time.

You can get more information and a copy of the health care proxy document online:

• Massachusetts Health Care Proxy Form and Instructions (English, Spanish, and Vietnamese)
  from the Better Ending Partnership and UMass Memorial Health Care

• Massachusetts Health Care Proxy: Information, Instructions, and Form
  from the Massachusetts Medical Society (requires Adobe Reader)

• Health Care Proxy Form and Instructions
  From the Hospice and Palliative Care Federation of Massachusetts

• Health Care Proxy
  from Massachusetts-wills.com (This is a form you can fill in on your computer. Be sure to enter the correct names and dates.)

You can also get a health care proxy from your doctor or health clinic.

A health care proxy is also called a "durable power of attorney for health care." Rules about health care proxies can be found in the Massachusetts General Laws Chapter 201D. HEALTH CARE PROXIES.

How do I make a living will?

A living will is a document in which you describe the type of medical treatment you want if you become terminally ill or permanently unconscious. It allows you to make end-of-life decisions while you are physically and mentally competent to do so.

Massachusetts is one of only a few states that do not allow legally binding living wills. If you write a living will in Massachusetts, your doctors are not legally obligated to follow your wishes. However, a living will can help health care providers and the courts make decisions about your medical care.

In a living will, you should be as specific as you can about life-prolonging measures such as artificial nutrition and hydration, "Do Not Resuscitate" orders, pain medication, and other treatments you would accept or reject.

Because there is no law authorizing living wills in Massachusetts, there is no standard format that you must follow. You can get sample living will forms online:

• Massachusetts Personal Wishes Statement (English, Spanish, Vietnamese)
  from the Better Ending Partnership and UMass Memorial Health Care

• Living Will
  from the Massachusetts-wills.com web site. (This is a form that you can fill in on your computer and then print.)

As an alternative to a living will, you can list your preferences about specific medical treatments in your health care proxy, and limit the authority of your agent in making end-of-life decisions.

How do I give someone permission to see my medical records?

A federal law known as HIPAA (Health Insurance Portability and Accountability Act) protects the privacy of your medical information. HIPAA limits the ways doctors, pharmacies, other health care providers, health insurance companies, nursing homes, and Medicaid/Medicare can share your personal health information.

HIPAA does not allow your health care providers to share your medical information with family members, caregivers, or friends. However, you can give your health care providers permission to share this information by filling out an "Authorization for Release of Information" form.

On this form, you should include:

• the name of the health care provider or organization
• the person or organization with whom the information can be shared
• what information you want to share
• the dates when the information can be shared
• your signature

You may cancel permission at any time.

You can download a copy of the HIPAA release form from the Massachusetts Department of Public Health web site:

• Authorization for Release of Information (requires Adobe Reader)

How do I get a power of attorney?

A power of attorney is a legal document in which you give another person (your "agent") the right to handle financial and legal matters for you. The person you name as your agent must be 18 years of age or older and can be a family member or close friend. The person you choose should be someone you trust with your money and other possessions.

• Giving someone else the power of attorney does not mean you give up your own rights. You can still handle your own financial and legal matters, and you can revoke the power of attorney at any time. The power of attorney ends upon your death.

• In Massachusetts, the power of attorney may be general or limited. A general power of attorney gives your agent all of the rights that you have in handling your financial matters. A limited power of attorney gives your agent only the rights you list in the document. For example, you may authorize someone to sign a particular legal document for you while you are out of town.

• A power of attorney does not give your agent the right to make medical decisions for you. You must have a health care proxy for this purpose.

• A power of attorney can be written to go into effect right away, or at a later date.

• A regular power of attorney stops being in effect if you become incompetent. If you want the power of attorney to go into effect, or remain in effect, if you become incompetent, you must have a durable power of attorney.

• Rules about durable powers of attorney can be found in the Massachusetts General Laws Chapter 201B. UNIFORM DURABLE POWER OF ATTORNEY ACT.

Having a durable power of attorney can save your family time and money if you become incompetent. However, a durable power of attorney can be abused. Even though you aren't required to have a lawyer to write a power of attorney document, you should get legal advice to protect yourself.

You can get a power of attorney form from your local Legal Services office.

• Find Legal Services search tool (Massachusetts Legal Services web site)

How do I pay for hospice care?

Most government and private health insurance plans in Massachusetts include hospice benefits. MassHealth Standard, CommonHealth, Family Assistance (direct coverage), Commonwealth Care, the Veterans' Administration health plan, and Medicare all have hospice benefits. Many hospices use a sliding fee scale or provide charitable care for patients without insurance coverage.

In general, you are eligible to choose hospice care if your physician determines that you are terminally ill with a life expectancy of six months or less. If you choose hospice care, you agree to get all services related to your terminal illness from your hospice. You will no longer be covered for treatment or medications intended to cure your illness.

For more information, see the Hospice and Palliative Care Federation of Massachusetts web site. For Medicare information, see Medicare Hospice Benefits. For MassHealth information, see the MassHealth Hospice Manual.

How do I pay for funeral expenses?

If you are getting TAFDC, EAEDC, SSI, or MassHealth, you may be eligible for financial help for funeral expenses. The payment depends on the amount of assets in your estate at the time of death. To qualify, the funeral director must be instructed to provide a Medicaid/MassHealth funeral, and total funeral costs cannot be more than $1500.

For more information, see Funeral Information (PDF) from the Massachusetts AIDS Action Committee.

How do I declare my wishes regarding funeral and burial?

You can specify your wishes regarding funeral and burial by filing a legal document called "Declaration as to Remains." In this document, you can specify who will have control over your remains, whether you will be buried or cremated, the type of service, and other wishes. You should contact a Legal Services office for help filing this document.

Other questions?

If you have other "How do I ...?" questions about HIV/AIDS issues that you would like us to answer on the MassResources.org web site, please use this link to send us an e-mail: . If your question is of general interest to people living with HIV/AIDS in Massachusetts, we will post an answer on this page.

How Do I ...? for People Living with HIV/AIDS last updated on 5/10/10