Healthcare Proxy Law: Understanding New York's Unique Regulations

In New York, a healthcare proxy is a legal document that allows an individual to appoint a trusted person, known as a healthcare agent, to make medical decisions on their behalf if they are unable to do so. This document ensures that the individual's preferences and values are honoured, even if they cannot communicate or make decisions for themselves. The healthcare proxy form does not give the agent the power to make non-healthcare decisions, such as financial ones. The agent can only make decisions about artificial nutrition and hydration if they know the individual's wishes. It is important to understand the legal requirements and procedures involved in creating a healthcare proxy in New York, as certain requirements must be met to safeguard the individual's wishes and ensure the agent has the authority to act on their behalf.

Who can be a healthcare proxy?

In New York, any competent adult over the age of 18 can appoint a healthcare proxy or agent. If you are under 18, you can still appoint a healthcare proxy if you are married or have a child.

You can choose anyone to be your healthcare proxy, as long as they are over the age of 18. This person is often referred to as your 'agent' or 'attorney'. They can be a family member, such as a spouse, child, parent, or sibling, or any other trusted individual. It is important to choose someone who is familiar with your preferences and values regarding healthcare decisions.

The purpose of appointing a healthcare proxy is to ensure that someone can communicate your wishes and make decisions on your behalf if you are unable to do so yourself due to a disability, health condition, or temporary situation, such as being under general anesthesia. Your agent will have the authority to make healthcare decisions for you, including choosing a doctor, treatment, or hospital, and deciding whether to agree to, refuse, or stop treatment, in accordance with your wishes and interests.

It is important to note that your healthcare proxy cannot make non-healthcare decisions for you, such as financial decisions. Additionally, their decision-making power ends upon your death, and they cannot consent to organ or tissue donation on your behalf unless you have specifically noted your wishes regarding donation in your healthcare proxy form.

What can a healthcare proxy decide?

A healthcare proxy, also known as a durable medical power of attorney, allows you to appoint a trusted person as your healthcare agent. This agent can make healthcare decisions for you when you are unable to do so yourself. This can include decisions about your treatment, doctor, and hospital.

Your healthcare proxy can decide to stop life-extending treatments if there is no hope for your recovery. They can also decide whether you should undergo risky surgeries or other treatments. Additionally, they can decide on artificial nutrition and hydration, but only if you have communicated your wishes to them clearly.

It is important to appoint a proxy you trust to be assertive and honor your wishes. You should ensure that your proxy is aware of your personal attitudes toward health, illness, death, and dying, as well as your medical treatment preferences. You can also place restrictions on what your proxy can do or see by including them in your healthcare proxy document.

Your healthcare proxy will only come into effect when a physician determines that you are incapacitated and unable to make decisions for yourself. You can revoke your healthcare proxy at any time, either by destroying the proxy document or by informing those around you, including your doctor, that you have done so.

How to appoint a healthcare proxy?

Under New York Health Care Proxy Law, any competent adult who is 18 years of age or older can appoint a health care agent by signing a form called a Health Care Proxy. You can appoint a health care proxy if you are under 18, married, or have a child. You do not need a lawyer or a notary to appoint a health care proxy; you just need two adult witnesses. The person you are appointing as your agent or your alternate agent cannot sign as a witness on your Health Care Proxy form.

Your health care agent will begin to make health care decisions for you 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. 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.

Your agent can only make decisions about artificial nutrition and hydration (nourishment and water provided by feeding tube or intravenous line) if they know your wishes from what you have said or written down. The Health Care Proxy form does not give your agent the power to make non-health care decisions for you, such as financial decisions.

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 your instructions. Any instructions that you write on your Health Care Proxy form will guide health care providers under these circumstances.

How to revoke a healthcare proxy?

In New York, any competent adult 18 years of age or older can appoint a health care agent by signing a form called a Health Care Proxy. This agent can make health care decisions on your behalf when you are unable to do so. However, you may wish to revoke this proxy at some point. So, how do you go about doing that?

Firstly, it is important to understand that you can revoke your health care proxy at any time, as long as you are competent. There are several ways to do this:

• Fill out a new form: You can simply fill out a new form, either choosing a different agent or changing any instructions or limitations on the form. You can also specify an expiration date for your healthcare agent's duties, after which they will no longer have control of your medical decisions.
• Notify your agent: You can notify your current healthcare agent orally or in writing that you are revoking the proxy. While this is not necessary, some people choose to do so to ensure clarity.
• Destroy the original proxy: You can physically destroy the original proxy document, indicating your intention to revoke it.
• Inform others: You can tell those around you, including your doctor, that you have revoked your health care proxy.
• Appoint an alternate agent: If your primary healthcare agent is unavailable or unable to act, you can appoint an alternate agent to make decisions on your behalf.

It is important to note that if you choose your spouse as your healthcare agent and you get divorced or legally separated, their appointment as your agent is automatically cancelled. Additionally, the power of a healthcare agent to make decisions on your behalf ends upon your death. Therefore, it is crucial to keep your health care proxy up-to-date and ensure that it reflects your current wishes and choices.

What happens if there is no healthcare proxy?

In New York, any competent person aged 18 or older can appoint a health care agent by signing a form called a Health Care Proxy. This allows you to choose a person to make medical decisions for you if you are unable to communicate them yourself. This person, also known as a representative, surrogate, or agent, can be a family member, a trusted friend or neighbour, or a lawyer.

If you do not have a health care proxy, your doctors may not know which family members to listen to if they disagree about your care. In the absence of a health care proxy, your health care providers will make decisions for you that follow any instructions you gave while you were still able to do so. New York Law provides a list of individuals who are authorized to consent to organ and/or tissue donation on your behalf in the event that you have not appointed a health care proxy. 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 your death, or any other legally authorized person.

It is important to appoint a health care proxy to ensure that you get the care you want. In an emergency or at the end of life, you may not be able to make your own decisions about your medical care. A health care proxy can step in and make decisions about your care, such as which doctor, treatment, or hospital is best for you. They can also make the important decision to stop life-extending treatments if there is no hope for your recovery. A health care proxy can also help to avoid family disagreements about your care and whether to stop heroic medical procedures when there is no hope.

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