A New Law Gives Patients the
Power
A new law called the New York
Healthcare Proxy law allows you to appoint someone you trust---for example,
a family member or close friend--to decide about treatment if you lose
the ability to decide for yourself. You can do this by using a form called
a Healthcare Proxy (for a printable version, click
here).
This law gives you the power
to make sure that healthcare professionals follow your wishes. Your agent
can also decide how your wishes apply as your medical condition changes.
Hospitals, doctors and other healthcare providers must follow your agent's
decisions as if they were your own.
You can give the person you
select, your healthcare agent, as little or as much authority as you want.
You can allow your agent to decide about all healthcare or only certain
treatments. You may also give your agent instructions that he or she has
to follow.
Why Should I Choose a
Healthcare Agent?
If you become unable, even temporarily, to make
health care decisions, someone else must decide for you. Health care providers
often look to family members for guidance. Family members may express what they
think your wishes are related to a particular treatment. However, in New York
State, only a health care agent you appoint has the legal authority to make
treatment decisions if you are unable to decide for yourself. Appointing an
agent lets you control your medical treatment by:
allowing your agent to make health care decisions on
your behalf as you would want them decided;
choosing one person to make health care decisions
because you think that person would make the best decisions;
choosing one person to avoid conflict or confusion
among family members and/or significant others. You may also appoint an
alternate agent to take over if your first choice cannot make decisions for you.
Who can be a health care agent?
Anyone 18 years of age or older can be a health
care agent. The person you are appointing as your agent or your alternate agent
cannot sign as a witness on your Health Care Proxy form.
How Can I Appoint a Health
Care Agent?
All competent adults, 18 years of age or older,
can appoint a health care agent by signing a form called a Health Care Proxy.
You don’t need a lawyer or a notary, just two adult witnesses. Your agent cannot
sign as a witness. You can use the form here,
but you don't have to.
When would my health care agent
begin to make health care decisions for me?
Your health care agent would begin to make health
care decisions after your doctor decides that you are not able to make your own
health care decisions. As long as you are able to make health care decisions for
yourself, you will have the right to do so.
What decisions can my
healthcare agent make?
Unless you limit your health care agent’s
authority, your agent will be able to make any health care decision that you
could have made if you were able to decide for yourself. Your agent can agree
that you should receive treatment, choose among different treatments and decide
that treatments should not be provided, in accordance with your wishes and
interests. However, your agent can only make decisions about artificial
nutrition and hydration (nourishment and water provided by feeding tube or
intravenous line) if he or she knows your wishes from what you have said or what
you have written. The Health Care Proxy form does not give your agent the power
to make non-health care decisions for you, such as financial decisions.
Why do I need to appoint a
health care agent if I’m young and healthy?
Appointing a health care agent is a good idea
even though you are not elderly or terminally ill. A health care agent can act
on your behalf if you become even temporarily unable to make your own health
care decisions (such as might occur if you are under general anesthesia or have
become comatose because of an accident). When you again become able to make your
own health care decisions, your health care agent will no longer be authorized
to act.
How will my healthcare
agent make decisions?
You can write instructions
on the proxy form. Your agent must follow your oral and written instructions.
As well as your moral and religious beliefs. If your agent does not know
your wishes or beliefs, your agent is legally required to act in your best
interests.
How will my health
care agent know my wishes?
Having an
open and frank discussion about your wishes with your health care agent will put
him or her in a better position to serve your interests. If your agent does not
know your wishes or beliefs, your agent is legally required to act in your best
interest. Because this is a major responsibility for the person you appoint as
your health care agent, you should have a discussion with the person about what
types of treatments you would or would not want under different types of
circumstances, such as:
- whether you would want life support
initiated/continued/removed if you are in a permanent coma;
- whether you would want treatments
initiated/continued/removed if you have a terminal illness;
- whether you would want artificial nutrition
and hydration initiated/withheld or continued or withdrawn and under what
types of circumstances.
Can my health care agent overrule my wishes or
prior treatment instructions?
No. Your
agent is obligated to make decisions based on your wishes. If you clearly
expressed particular wishes, or gave particular treatment instructions, your
agent has a duty to follow those wishes or instructions unless he or she has a
good faith basis for believing that your wishes changed or do not apply to the
circumstances.
Who will pay attention
to my agent?
All hospitals, nursing homes, doctors and other
health care providers are legally required to provide your health care agent
with the same information that would be provided to you and to honor the
decisions by your agent as if they were made by you. If a hospital or nursing
home objects to some treatment options (such as removing certain treatment) they
must tell you or your agent BEFORE or upon admission, if reasonably possible.
What if my healthcare
agent is not available when decisions must be made?
You may appoint an alternate agent to decide
for you if your health care agent is unavailable, unable or unwilling to act
when decisions must be made. Otherwise, health care providers will make health
care decisions for you that follow instructions you gave while you were still
able to do so. Any instructions that you write on your Health Care Proxy form
will guide health care providers under these circumstances.
What if I change my mind?
It is easy to cancel your Health Care Proxy, to
change the person you have chosen as your health care agent or to change any
instructions or limitations you have included on the form. Simply fill out a new
form. In addition, you may indicate that your Health Care Proxy expires on a
specified date or if certain events occur. Otherwise, the Health Care Proxy will
be valid indefinitely. If you choose your spouse as your health care agent or as
your alternate, and you get divorced or legally separated, the appointment is
automatically cancelled. However, if you would like your former spouse to remain
your agent, you may note this on your current form and date it or complete a new
form naming your former spouse.
Can my healthcare agent
be legally liable for decisions made on my behalf?
No. Your health care agent will not be liable for
health care decisions made in good faith on your behalf. Also, he or she cannot
be held liable for costs of your care, just because he or she is your agent.
Is a healthcare proxy
the same as a living will?
No. A living will is a document that provides
specific instructions about health care decisions. You may put such
instructions on your Health Care Proxy form. The Health Care Proxy allows you
to choose someone you trust to make health care decisions on your behalf.
Unlike a living will, a Health Care Proxy does not require that you know in
advance all the decisions that may arise. Instead, your health care agent can
interpret your wishes as medical circumstances change and can make decisions
you could not have known would have to be made.
In contrast, the healthcare
proxy allows you to choose someone you trust to make treatment decisions
on your behalf. Unlike a living will, a healthcare proxy does not require
that you know in advance all the decisions that may arise. Instead, your
healthcare agent can interpret your wishes as medical circumstances change
and can make decisions you could not have know would have to be made. The
healthcare proxy is just as useful for decisions to receive treatment as
it is for decisions to stop treatment. If you complete a healthcare proxy
form, but also have a living will, the living will provides instructions
for your healthcare agent, and will guide his or her decisions.
Where should I keep the
proxy form after it is signed?
Give a copy to your agent, your doctor, your
attorney and any other family members or close friends you want. Keep a copy
in your wallet or purse or with other important papers, but not in a location
where no one can access it, like a safe deposit box. Bring a copy if you are
admitted to the hospital, even for minor surgery, or if you undergo outpatient
surgery.
May I use the Health Care Proxy form to
express my wishes about organ and/or tissue donation?
Yes. Use the optional organ and tissue donation
section on the Health Care Proxy form and be sure to have the section
witnessed by two people. You may specify that your organs and/or tissues be
used for transplantation, research or educational purposes. Any limitation( s)
associated with your wishes should be noted in this section of the proxy.
Failure to include your wishes and instructions
on your Health Care Proxy form will not be taken to mean that you do not want
to be an organ and/or tissue donor.
Can my health care agent make
decisions for me about organ and/or tissue donation?
No. The power of a health care agent to make
health care decisions on your behalf ends upon your death. Noting your wishes
on your Health Care Proxy form allows you to clearly state your wishes about
organ and tissue donation
Who can consent to a donation if
I choose not to state my wishes at this time?
It is important to note your wishes about organ
and/or tissue donation so that family members who will be approached about
donation are aware of your wishes. However, New York Law provides a list of
individuals who are authorized to consent to organ and/or tissue donation on
your behalf. They are listed in order of priority: your spouse, a son or
daughter 18 years of age or older, either of your parents, a brother or sister
18 years of age or older, a guardian appointed by a court prior to the donor’s
death, or any other legally authorized person.
*The Healthcare Proxy Law
takes effect January 1991; forms signed before that date are valid.
Two witnesses at least 18
years of age must sign your proxy. The person who is appointed agent or
alternate agent cannot sign as a witness.
Healthcare
Proxy Form
Item 1
| (1) |
__________________________________________________________________________
hereby appoint
_______________________________________________________________________
(name, home address and telephone number)
________________________________________________________________________
________________________________________________________________________
as my
health care agent to make any and all health care decisions for me, except
to the extent
that I state otherwise. This proxy shall take effect only when and if I
become unable to make my
own health care decisions. |
Item 2
Optional: Alternate Agent
If the
person I appoint is unable, unwilling or unavailable to act as my health care
agent,
I hereby appoint
________________________________________________________________________
(name, home address and telephone number)
________________________________________________________________________
________________________________________________________________________
as my health care agent to
make any and all health care decisions for me, except to the extent that I
state otherwise.
(Unless your agent knows your
wishes about artificial nutrition and hydration (feeding tubes), your agent
will not be allowed to make decisions about artificial nutrition and hydration.
See above samples of language you could use.)
Item 3
Unless I revoke it or state an expiration date or
circumstances under which it will expire, this
proxy shall remain in effect indefinitely. (Optional: If you want this proxy
to expire, state
the date or conditions here.) This proxy shall expire (specify date or
conditions):
__________________________________________________________________________
__________________________________________________________________________
Item 4
Optional: I direct my health care agent to make health care
decisions according to my wishes and limitations, as he or she knows or as
stated below. (If you want to limit your agent’s authority to make health
care decisions for you or to give specific instructions, you may state your
wishes or limitations here.) I direct my health care agent to make health
care decisions in accordance with the following limitations and/or
instructions (attach additional pages as necessary):
_____________________________________________________________________________
_____________________________________________________________________________
Item 5
Your Identification (please print)
Your Name
__________________________________________________________________________
Your Signature ___________________________________________ Date
_______________
Your Address
_________________________________________________________________________
Item 6
Optional: Organ and/or Tissue Donation
I hereby make an anatomical gift, to be effective upon my death, of: (check
any that apply)
Any needed organs and/or tissues
The following organs and/or tissues
_____________________________________________________
__________________________________________________________________________________
Limitations
________________________________________________________________________
If you do not state your wishes or instructions about organ and/or tissue
donation on this form, it will not be taken to mean that you do not wish to
make a donation or prevent a person, who is otherwise authorized by law, to
consent to a donation on your behalf.
Your Signature __________________________
Date_______________________________________
Item 7
Statement by Witnesses (Witnesses must be 18 years of age or older and
cannot be the health care agent or alternate.)I declare that the person
who signed this document is personally known to me and appears to be of sound
mind and acting of his or her own free will. He or she signed (or asked another
to sign for him or her) this document in my presence.
| Date _______________________________________ Name of Witness 1
(print) _________________________________
Signature ______________________________
Address ________________________________
______________________________________ |
Date _______________________________________ Name of Witness 2
(print) _________________________________
Signature ______________________________
Address ________________________________
______________________________________ |
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