Understanding The Nys Healthcare Proxy Law And Your Rights

The New York Health Care Proxy Law allows a competent adult to appoint a trusted person as their health care agent, who can make healthcare decisions on their behalf if they become incapable of doing so. This can be a family member or a close friend, who will act as per the principal's wishes and interests. The principal can appoint an alternate agent as well, and can also cancel the proxy or change the agent at any time. The proxy form can also be used to document the principal's wishes regarding organ and tissue donation. The form must be signed and dated by the adult in the presence of two adult witnesses, who are not the appointed agent, and can be witnessed remotely via audio-video technology.

Who can be a healthcare proxy?

According to the New York Health Care Proxy Law, a competent adult can appoint a healthcare proxy or agent to make healthcare decisions on their behalf if they lose the ability to do so. This can be a trusted family member or a close friend. The proxy will be authorized to make healthcare decisions for the individual as per their wishes and interests. The proxy cannot make non-healthcare decisions such as financial decisions.

The individual can appoint an alternate agent as well, who will be authorized to make decisions if the primary agent is unavailable, unable, or unwilling to act. The individual can also cancel the proxy or change the person at any time by filling out a new form. The proxy is also automatically cancelled if the individual has chosen their spouse as their agent and they get divorced or legally separated.

The proxy form must be signed and dated by the individual in the presence of two adult witnesses who will also sign the form. If the individual is unable to sign the form, another person may do so at their direction and in their presence, with two witnesses signing to confirm the individual appeared to execute the proxy willingly and without duress. At least one of the witnesses must not be affiliated with the facility, and if the individual resides in a mental hygiene facility, one witness must be a qualified psychiatrist or psychiatric nurse practitioner. Witnessing can also be done remotely using audio-video technology, provided the principal displays valid photo identification and the proxy form is transmitted to the remote witness within 24 hours to be signed and transmitted back.

What are the requirements for appointing a healthcare proxy?

In New York, all competent adults aged 18 or older can appoint a healthcare proxy or agent by signing a form. This form does not require a lawyer or notary, but it does need two adult witnesses. The witnesses cannot be the agent or the alternate agent.

The healthcare proxy or agent will make decisions on the appointor's behalf when they are temporarily unable to do so, for example, if they are under general anesthesia or have had an accident. The agent must follow the wishes, moral and religious beliefs of the appointor. If the agent is unaware of the appointor's wishes, they are legally required to act in their best interest.

The healthcare proxy form can include instructions and limitations, and it can be cancelled or changed at any time by filling out a new form. It can also be set to expire on a specified date or under certain circumstances. If the appointor chooses their spouse as the agent, and they get divorced or legally separated, the appointment is automatically cancelled unless otherwise stated.

The healthcare proxy or agent does not have the power to make non-healthcare decisions, such as financial ones. They can, however, make decisions about artificial nutrition and hydration if they are aware of the appointor's wishes.

What are the powers of a healthcare proxy?

A healthcare proxy, also known as a healthcare agent or healthcare surrogate, is a document that allows you to appoint a trusted individual to make healthcare decisions on your behalf in the event that you are incapacitated and unable to communicate your wishes. This can be due to a temporary or permanent illness or injury. The healthcare proxy can only make medical decisions and does not have the authority to make non-healthcare decisions such as financial choices.

The healthcare proxy will ensure that you receive treatment according to your wishes, values, and beliefs. They can agree that you should receive treatment, choose among different treatments, and decide that treatments should not be provided. It is important to communicate your preferences, such as feelings about palliative care, life-sustaining treatments like artificial hydration and nutrition, and any other treatments you may need in the event that you are unconscious. These instructions can be included in a living will, which the proxy can refer to when making decisions.

The healthcare proxy form does not require a lawyer or notary and can be signed in the presence of two adult witnesses. You may also appoint an alternate agent who can make decisions if your primary healthcare agent is unavailable, unable, or unwilling to act. You have the right to change your healthcare proxy at any time, and the power of the agent ends upon your death.

In the state of New York, specifically, the healthcare proxy form also allows you to clearly state your wishes regarding organ and tissue donation. This is important as it provides guidance for family members who will be approached about donation. While you can indicate your preferences, New York Law also provides a list of individuals who are authorized to consent to organ and/or tissue donation on your behalf if you choose not to specify your wishes.

When can a healthcare proxy start making decisions?

A healthcare proxy can start making decisions when the principal (the person who appointed the proxy) is deemed unable to make their own healthcare decisions. This could be due to temporary or permanent illness, injury, or end-of-life situations, and often requires a doctor's certification.

The healthcare proxy, also known as a representative, surrogate, or agent, is responsible for making healthcare decisions on behalf of the principal, ensuring that their care and treatment preferences are followed. It is important to appoint a trusted proxy who will honour the principal's wishes and act in their best interests.

The proxy's decision-making authority typically ends upon the death of the principal, and they do not have the power to make non-healthcare decisions, such as financial choices. The principal can specify the scope of their proxy's decision-making authority, including any limitations or restrictions, and can choose a backup agent if needed.

In the state of New York, specifically, a healthcare proxy can begin making decisions after a doctor determines that the principal is incapable of making their own healthcare choices. As long as the principal is competent to make their own decisions, they retain the right to do so.

How can a healthcare proxy be revoked?

A healthcare proxy in New York State can be revoked at any time. As long as you are competent, you have the right to revoke your healthcare proxy by filling out a new form. You can also revoke your healthcare proxy orally. You do not need a lawyer or notary to revoke your healthcare proxy, but you will need two adult witnesses to sign the new form. If you appointed your spouse as your health care proxy and you get divorced or legally separated, their appointment is automatically cancelled.

You can also indicate that your healthcare proxy expires on a specified date or under certain circumstances. For example, you can revoke an agent's authority by including limitations or instructions on the form, such as specifying that their authority will end if you become able to make your own healthcare decisions again.

It is important to note that your healthcare proxy will only become effective when you are unable to make decisions, as determined by a physician. As long as you are able to make your own healthcare decisions, you retain the right to do so.

Frequently asked questions