Health Care Proxies and Advance Directives

Every person over the age of 18 should have a signed and witnessed proxy document.

A signed Proxy Document entitles the appointed proxy (agent) to make any and all health care decisions, with the exception of nutrition and hydration. If you wish your proxy to have the power to make decisions related to nutrition and hydration, the proxy document must state that your proxy knows your wishes about nutrition and hydration. It is not necessary to specify those wishes, as the decision should be related to the specific medical situation.

The proxy document permits you to choose one person as your proxy (agent). An alternate may also be designated in the event that your proxy is unable to act on your behalf. To avoid conflict among decision makers, only one agent is permitted. Nevertheless, part of the proxy conversation should include instructions on how to deal with family differences related to care decisions. Also, other family members should know what your wishes are so that conflict can be minimized. The goal, after all, is for family members to remain comfortable with one another.

Two people must witness a New York State Proxy Document. It does not need to be notarized. It can be changed and replaced at any time that you wish

Appointing a Healthcare Proxy is more important than writing a living will. It is impossible to know in advance about what the medical situation will be. Consequently, living wills are frequently disregarded in New York State

Remember that a proxy document is only as good as the conversation with the proxy before it is signed. Being a health care proxy (agent) is a very big responsibility and should only be undertaken after a conversation that informs the proxy about the patient’s wishes and views about what quality of life is acceptable.

If a person has no one whom they can trust to be a healthcare agent, then a living will – a detailed letter- may be the only possible alternative.

http://totallifechoices.org/ brings you to an excellent site that explains Proxy legislation and also helps you to register the proxy documents in a secure national registry. Documents will then be available to physicians and hospitals immediately. NYLAG sends a wallet card that explains how to access this information.

A copy of your Advance Directive should be given to your health care proxy (agent), the alternate, your physicians, a hospital at the time of admission and your clergy person. It should be stored in an accessible place.

State specific Proxy documents can be downloaded at www.caringinfo.org and at http://www.health.ny.gov/forms/doh-1430.pdf.