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What is a Health Care Proxy, and Why Is it an Important Legal Tool?
A health care proxy sometimes called a health care directive, is a legal document that allows you to appoint a trusted person who is empowered to make decisions on your behalf if you become incapacitated and unable to speak for yourself.
If you do not appoint a health care proxy in New York State, the state legislature’s Family Health Care Decisions Act (FHCDA) will usually choose the person to make these decisions on your behalf, something you may not wish to happen.
The state, if they must choose a person, will usually do so from the following people in your life in this order:
- A currently appointed legal guardian.
- Your current spouse or domestic partner.
- Any of your adult children.
- A parent, if they are able.
- Possibly an adult sibling.
- Or even a close friend if they must.
The problem is that if you haven’t appointed a healthcare proxy, and the FHCDA (essentially the state of New York) must determine who will be your healthcare agent, this may be a person whom you never would have wished to decide your fate.
So, suppose you wish to appoint the person you want to be empowered to withdraw or withhold life-sustaining medical treatment, in addition to other vital healthcare decisions. In that case, you must execute a healthcare proxy.
This may sound like an easy decision, but it is often not and can become legally complex. So, the only way to fully ensure the document is drafted precisely as you want is to obtain the valued, experienced, and compassionate help of a New York State lawyer specializing in elder care.
Is a Living Will Different From a Health Care Proxy in New York?
In New York state, a living will allow you to make your wishes known and accept or decline certain types of medical treatment. This document usually only comes into the picture if you are in a terminal condition, permanently unconscious, or have had a brain injury that impairs your ability to make decisions; so yes, it differs.
This document is drawn up when you are of sound mind and can direct medical personnel to withdraw, withhold, or utilize life-sustaining medical treatment whose only real purpose is to prolong your death.
Of course, the final decision is yours alone. Still, you could decide ahead of time that you want to receive the maximum amount of pain relief possible and refuse types of medical treatment that would prolong the inevitable, such as:
- Multiple uses of cardiac resuscitation.
- Being put on a ventilator and receiving mechanical respiration.
- Tube feeding and any antibiotic therapy.
You should note that a Living Will allows you to appoint a healthcare agent and even give special, precise instructions.
These legal tools may seem to overlap, but in many circumstances, they do not. There is no New York law explicitly allowing Living Wills. That said, it is very often in your best interest to include a Living Will in your estate plan.
Just a few of these reasons are:
- Your voice counts, and your wishes are precise – A Living Will, if drafted by a professional, can precisely detail your wishes for end-of-life care; this ensures your wishes are even when you can’t speak for yourself.
- It strengthens a Health Care Proxy – Even with a living will, having a health care proxy is still critical. It appoints a person you select, and if odd or dire medical circumstances arise, your doctor will consult this person and be assured they have the authority to make these critical decisions.
- New York State common law supports you – Self-determination can be upheld, thus giving you the right to accept or decline medical treatment. However, to work effectively and within the law, this document must be professionally drafted, highly clear, and convincing; family members could challenge it.
Why Are These Documents Valuable to New York Families?
Planning for end-of-life medical care is vital to ensure your wishes are honored, especially when you cannot make your own decisions. A Healthcare Proxy and a Living Will serve different and distinct functions; when used together, they provide comprehensive and precise guidance for your medical care preferences.
The most thoroughly drafted living Will usually provides specific instructions regarding your final medical care but cannot anticipate every possible medical circumstance or scenario.
Using a Healthcare Proxy, you have a living person, and someone you trust can make rational decisions in a situation not explicitly covered in your Living Will, such as new therapies for what you may be suffering from and more.
Your experienced, empathetic, and knowledgeable elder law attorney will explain that having a Healthcare Proxy and a Living Will is the proper legal proactive step toward securing your medical care preferences.
However, many complex laws apply to these tools legally, and it is highly advisable to consult with an elder law attorney to understand these specific New York state laws and to assist in drafting these documents so that they are detailed, accurately reflect your wishes, but still comply with state regulations.
If I Have a Will, Do I Still Need a Health Care Proxy of Living Will in New York?
In most cases, yes, it still may be legally necessary to have a health care proxy or living will if you want to appoint someone to make healthcare decisions for you when you cannot.
Powers of attorney commonly address financial matters and are not involved in healthcare situations. These medical issues commonly involve decisions that usually cannot be covered by a Power of Attorney. Commonly, your agent operating under your power of attorney will not be allowed to make health care decisions; however, they may be able to make other decisions and actions while you are alive.
Additionally, a will does not take effect until after your death, and nothing in this document will apply while you are alive.
Legally and rationally, you should always complete a health care proxy if you want a trusted person to make health care decisions. If, for any reason, you do not wish to name a healthcare proxy, you can use a living will to express your healthcare desires.
I Would Like More Information Regarding a Health Care Proxy and Living Will; How Should I Proceed?
Thinking about making end-of-life decisions can be very emotional and challenging for you and your family. But when the time comes, having a Healthcare Proxy and Living Will can relieve much pressure and emotional stress on your family.
However, for these valuable legal tools to work efficiently, you must consult an experienced, empathetic elder law attorney well-versed in the proper, precise, and legal drafting of these documents.
The elder law attorneys at the Feller Law Group, P.C., have a thorough knowledge of estate and elder law. They also have the resources, knowledge, and compassion needed to draft these documents, so they precisely detail your wishes but always comply with state and federal laws.
Call them today at 845-622-4802 for a free 30-minute case evaluation, and they will help as their professionalism and deep knowledge of these issues will surely put your mind at ease.
