Health Care Proxy
($100 includes one revision within three years)
The Health Care Proxy Law of New York State (Article 29-G, Publich Health Law) enables competent adults to protect their health care wishes by appointing someone they trust as a health care agent to make decisions on their behalf about various health care treatments when they are unable to make these decisions for themselves. Subject to any limitations set forth in the Health Care Proxy or a Living Will, a health care agent can make all decisions that the patient could make while competent.
The Health Care Proxy Law covers decisions to consent or refuse to consent to any treatment, service or procedure to diagnose or treat an individual's physical or mental condition. The law applies to all health care provider’s (whether individuals or facilities licensed, certified, or otherwise permitted by law) to provide health care.
Health care providers must comply with health care decisions made in good faith by an agent to the same extent as decisions made by the patient. The Health Care Proxy Law also protects health care providers from civil and criminal liability as well as liability for unprofessional conduct for honoring in good faith decisions by an agent or, for other actions taken in good faith in accordance with the law.
To assist the Health Care Proxy, one should also have a Living Will. While a Health Care Proxy is basically a Medical Power of Attorney and appoints an agent to make decisions regarding the health care of the grantor if the grantor is otherwise unable, a Living Will is a document executed by someone to declare what their wishes are. It can be used by the health care provider or the Health Care Proxy to have a "clear and convincing" idea as to what your wishes are. These two documents overlap and form the most effective protection to ensure your wishes are met. Basically, a Healh Care Proxy gives your power to make decisions to someone with whom you have already (assumedly) spoken about regarding your wishes. The Living Will provides the Health Care Proxy with a more firm direction and if a question arises that is outside the scope of the Living Will, the Health Care Provider or Health Care Proxy can then make an informed decision taking into account the Living Will, Health Care Proxy and the conversations.