Health Care Proxy

HEALTH CARE PROXY

Appointing Your Health Care Agent in New York State
The New York Health Care Proxy Law allows you to appoint someone you trust - for example, a family member or close friend - to make health care decisions for you if you lose the ability to make decisions yourself. By appointing a health care agent, you can make sure that health care providers follow your wishes. Your agent can also decide how your wishes apply as your medical condition changes. Hospitals, doctors, and other health care providers must follow your agent's decisions as if they were your own. You may give the person you select as your health care agent as little or as much authority as you want. You may allow your agent to make all health care decisions or only certain ones. You may also give your agent instructions that he or she has to follow. This form can also be used to document your wishes or instructions with regard to organ and/or tissue donation. 
Common Health Care Proxy Frequently Asked Questions
Health Care Proxy Form Instructions
Item (1)
Write the name, home address and telephone number of the person you are selecting as your agent.

Item (2)
If you want to appoint an alternate agent, write the name, home address, and telephone number of the person you are selecting as your alternate agent

Item (3)
Your health care proxy will remain valid indefinitely unless you set and expiration date or condition for its expiration. This section is optional and should be filled in only if you want your Health Care Proxy to expire.

Item (4)
If you have special instructions for your agent write them here. Also, If you wish to limit your agents authority in any way, you may say so here or discuss them with your heath care agent. If you do not state any limitations, your agent will be allowed to make all health care decisions that you could have made, including the decision to consent or refuse life-sustaining treatment.

If you want to give your agent broad authority, you may do so right on the form. Simply write: I have discussed my wishes with my health care agent and alternate and they know my wishes including those about artificial nutrition and hydration.

If you wish to make more specific instructions, you could say:

If I become terminally ill, I do/don't want to receive the following types of treatments....

If I am in a coma or have little conscious understanding, with no hope of recovery, then I do/don't want the following types of treatments....

If I have brain damage or brain disease that makes me unable to recognize people or speak and there is no hope that my condition will improve, I do/don't want the following types of treatments.....
I have discussed with my agent my wishes about ____________ and I want my agent to make all decisions about these measures.

Examples of medical treatments about which you may wish to give your agent special instructions are listed below. This is not a complete list:
  • artificial respiration
  • artificial nutrition and hydration (nourishment and water provided by feeding tube)
  • cardiopulmonary resuscitation (CPR)
  • anti-psychotic medication
  • electric shock therapy
  • antibiotics
  • surgical procedures
  • dialysis
  • transplantation
  • blood transfusions
  • abortion
  • sterilization
Item (5)
You must date and sign this Health Care Proxy form. If you are unable to sign yourself, you may direct someone else to sign in your presence. Be sure to indicate your address.

Item (6)
You may state wishes or instructions about organ and/or tissue donation on this form. New York law does provide for certain individuals in order of priority to consent to an organ and/or tissue on your behalf: your health care agent, your decedent's agent, your spouse, if you are not legally separated, or your domestic partner, a son or daughter 18 years of age or older, either of your parents, a brother or sister 18 years of age or older, a guardian appointed by a court prior to the donor's death.

Item (7)
Two witnesses 18 years of age or older must sign this Health Care Proxy Form. This person who is appointed your agent or alternate agent cannot sign as a witness.
Please print out the form below and return it to our office.
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