Health Care Proxy Form - New York
Frequently Asked Questions, continued
agent, you should have a discussion with the
person about what types of treatments you
would or would not want under different types of
circumstances, such as:
•whether you would want life support initiated/
continued/removed if you are in a permanent
coma;
•whether you would want treatments initiated/
continued/removed if you have a terminal
illness;
•whether you would want articial nutrition
and hydration initiated/withheld or continued
or withdrawn and under what types of
circumstances.
Can my health care agent overrule my
wishes or prior treatment instructions?
No. Your agent is obligated to make decisions
based on your wishes. If you clearly expressed
particular wishes, or gave particular treatment
instructions, your agent has a duty to follow those
wishes or instructions unless he or she has a good
faith basis for believing that your wishes changed
or do not apply to the circumstances.
Who will pay attention to my agent?
All hospitals, nursing homes, doctors and other
health care providers are legally required to
provide your health care agent with the same
information that would be provided to you and to
honor the decisions by your agent as if they were
made by you. If a hospital or nursing home objects
to some treatment options (such as removing
certain treatment) they must tell you or your
agent BEFORE or upon admission, if reasonably
possible.
What if my health care agent is not
available when decisions must be made?
You may appoint an alternate agent to decide for
you if your health care agent is unavailable, unable
or unwilling to act when decisions must be made.
Otherwise, health care providers will make health
care decisions for you that follow instructions
you gave while you were still able to do so. Any
instructions that you write on your Health Care
Proxy form will guide health care providers under
these circumstances.
What if I change my mind?
It is easy to cancel your Health Care Proxy, to
change the person you have chosen as your
health care agent or to change any instructions
or limitations you have included on the form.
Simply fill out a new form. In addition, you may
indicate that your Health Care Proxy expires on a
specified date or if certain events occur. Otherwise,
the Health Care Proxy will be valid indefinitely.
If you choose your spouse as your health care
agent or as your alternate, and you get divorced or
legally separated, the appointment is automatically
cancelled. However, if you would like your former
spouse to remain your agent, you may note this on
your current form and date it or complete a new
form naming your former spouse.
Can my health care agent be legally liable
for decisions made on my behalf?
No. Your health care agent will not be liable for
health care decisions made in good faith on your
behalf. Also, he or she cannot be held liable for
costs of your care, just because he or she is your
agent.
Is a Health Care Proxy the same as a
living will?
No. A living will is a document that provides
specific instructions about health care decisions.
You may put such instructions on your Health
Care Proxy form. The Health Care Proxy allows
you to choose someone you trust to make health
care decisions on your behalf. Unlike a living will,
a Health Care Proxy does not require that you
know in advance all the decisions that may arise.
Instead, your health care agent can interpret your
wishes as medical circumstances change and can
make decisions you could not have known would
have to be made.
Where should I keep my Health Care Proxy
form after it is signed?
Give a copy to your agent, your doctor, your
attorney and any other family members or close
friends you want. Keep a copy in your wallet or
purse or with other important papers, but not in
a location where no one can access it, like a safe
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