Without a healthcare proxy in New York State, you will not be able to control who makes your healthcare decisions if you become unable to make these decisions yourself.
Living wills are often confused with healthcare proxies. The difference between a healthcare proxy and a living will is that a living will gives evidence for the medical professionals, or the courts, on what your end-of-life wishes are, while the healthcare proxy is the actual legal document in New York State.
Healthcare proxies allow you to appoint only one agent at a time to act for you if you are unable to act for yourself, but you can have a backup agent named in the document.
There are some crucially important things that should be listed in the healthcare proxy. It should express your wishes in a specific manner, with language such as:
“I’ve discussed with my agents my wishes with respect to artificial nutrition and hydration, and my agents know my wishes about artificial nutrition and hydration.”
Under the privacy rules that exist now in this country, medical professionals can’t share personal health information of a patient, so it is important that the healthcare proxy states:
“My agent has the power to serve as my personal representative for all purposes under the Health Insurance Portability and Accountability Act of 1996.”
With that language, medical professionals should be able to share with your agent whatever information is important regarding your health or your condition. This document needs to be signed in front of two witnesses.
In addition to a healthcare proxy, I highly recommend that everyone have a living will. The living will can serve as additional evidence regarding what types of treatment you want as you approach the end of life. In the living will, you can add whatever specific language you want regarding treatment that you wish to receive, or treatment that you do not want.
Note: Because medical technology is always changing, I recommend that a client not be too specific regarding medical treatment. Rather, a general statement is preferred, like indicating that you want a certain degree of pain relief instead of trying to specify every kind of treatment for every type of illness that might occur.
In all cases, you should give serious and thoughtful consideration as to which family member or friend is best equipped to handle the role of being the healthcare agent. Some individuals would find it too emotionally difficult to handle making these decisions for a close family relative or friend.
In order to get started articulating your end-of-life wishes, contact us today.
Robert W. Shaw, Esq.
(914) 328-1222
E-mail Bob
Call to Schedule an Appointment
(914) 328-1222 E-mail Us
Click to Enlarge Type