Health Care Proxies and Living Wills usually include statements about refusing life-prolonging treatments when death is imminent, but they may also be used to express an individual's wishes to receive treatments within the range of accepted medical standards. Health care Proxies and Living Wills take effect only when a patient loses the capacity to make health care decisions. In that case, doctors, hospitals and health care providers must follow an agent's decisions as if those decisions were made by the patient.

A Health Care Proxy is a document by which you appoint someone you trust as an Agent to speak on your behalf if you become unable to make medical treatment decisions for yourself. In most states, the person appointed is authorized to represent you in any medical situation where you have become temporarily incapacitated, not only in a terminal situation. It is important to note that in New York State, your spouse cannot make medical decisions for each other if there is no valid Health Care Proxy document in place.

Discuss your wishes with your Agent and let him/her know that you have chosen him/her as your Agent, as the person you have chosen may not agree to accept the responsibility. In that case, you must name someone else.

Your Agent should be aware of any preferences you have expressed regarding your health care and should be certain he/she fully understands your values so that when decisions need to be made, such decisions will be the decisions you yourself would have made. When your wishes regarding treatment are unknown, your Agent is required to make decisions that are deemed in your best interest.

Benefits of a health care proxy.

Medical decisions can be complex. A Health Care Agent can make flexible decisions in situations that you may not have anticipated. An Agent generally bases such decisions on knowledge of your values, preferences, and your particular life situation.

Call us today at 718.261.8803 or contact us online to prepare this helpful document that expresses your wishes.