In 1991, New York State enacted the Health Care Proxy Law. This law allows a person to appoint someone that they trust, usually a family member or close friend, to decide what type of medical treatment that person will receive if they lose the ability to decide for themselves.

The law gives the individual the power to make sure that health care professionals, such as doctors and other health care officials follow individual wishes. The appointed proxy is given some flexibility and may decide how the individual's wishes apply as their medical condition changes. Doctors and other health care providers must follow the agents decisions as if they were the individual's own wishes.

Individuals executing a health care proxy can give their proxy as little or as much authority as they want. The agent can be allowed to decide about all health care or only certain treatments. The agent is not necessarily appointed solely to determine when to stop treatment or "pull the plug". The agent can be empowered to make important treatment decisions designed to be beneficial to the individual at a time when that individual is incapable of making their own decisions.

In order to appoint a health care agent, a competent adult can sign a simple form called a health care proxy. The presence of an attorney is not necessary, just two adult witnesses are required. The health care proxy will begin to make treatment decisions after a doctor decides that an individual is not capable of making his or her own decision. The proxy will have the authority to make any treatment decisions that the individual could make if they were able to decide for themselves. The agent may agree that the treatment should be received, choose among different types of treatment and decide whether or not treatments should not be provided in accordance with the individual's wishes.

In preparing a health care proxy, an individual may write instructions on the form itself. The agent must follow oral and written instructions as well as the moral and religious beliefs of the individual. The agent is bound to act in the individual's best interest. All doctors, hospitals and other health care facilities are legally required to honor the decision of the proxy. One very important note: The proxy will not be able to make any decisions regarding feeding or hydration tubes without written instructions on the proxy form.

Once the document is executed, copies of it should be given to the proxy, your doctor and any other family members or close friends. You should also keep a copy in your personal possession.

An important consideration in selecting who to appoint as proxy is that it must be a person who is capable of making difficult decisions regarding your health care, which include the termination of treatment.

Reprinted with permission of the Suffolk Times © 1999

The Law Offices of John M. Bigler, Attorney At Law
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