New York Health Care Proxy

In New York, power of attorney for health care is called a Health Care Proxy, which enables a designated individual to make health care decisions on your behalf in the event you become incapacitated.

You have the option to choose which particular health care decisions your proxy may make for you, specifying certain treatments and procedures that you want covered by the health care proxy. Alternatively, you can give your proxy full power to make all important decisions pertaining to your health.

Requirements for the New York Health Care Proxy

Your Health Care Proxy form must be signed and dated by you and two witnesses. Your proxy may not be a witness. If you cannot sign for yourself, the form must be signed in your presence and with your permission.

When a New York Health Care Proxy Goes Into Effect

Your Health Care Proxy will go into effect in New York when your primary care physician determines that you are no longer able to make decisions about your health care.

Making Your Wishes Known

Your New York Health Care Proxy form authorizes your proxy to make any necessary decisions regarding your health care that you allow the person to make. The New York State Department of Health recommends that you give copies to your proxy, your doctor, your attorney, and anyone else to whom you want your wishes to be known. Keeping a copy in your purse or wallet is also a good idea.

Treatments and Procedures under New York Health Care Proxy

Decisions that your proxy can make for you include such issues as:

  • Approval of procedures, treatments, and/or medications to be performed on you, including tests and life-support equipment
  • Selecting the doctors that treat you, or discharging any doctor that is treating you
  • Deciding whether or not you will be resuscitated in the event you stop breathing or your heart stops

New York Health Care Proxy Form

The New York State Department of Health offers a sample form and accompanying instructions and FAQ. In addition, a New York estate planning attorney or New York elder law attorney can help answer your specific questions and assist you in tailoring your health care proxy form to your specific wishes.

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