As with the power of attorney, the
health care proxy law was enacted to eliminate ambiguities in the law and to allow for family members to make necessary health care decisions without court approval.
Guardian Designation: If you face the potential for significant long-term disability (either from MS or some other condition), a guardianship designation should be included in your
health care proxy or signed as a separate legal document.
12,21) In any jurisdiction a person who has the requisite capacity should be allowed to execute a
health care proxy or give an advance directive.
This endorsement may be due to the value of advance directives given the restrictiveness of New York State's
health care proxy law, and it suggests that--at least from the perspective of social services staff--advance directives influence care decisions in nursing homes.
The
health care proxy provided, in relevant part: "My Health Care Agent is granted full power and authority to consent to any and all medical treatment which I may need in the event that I am unable to consent to such treatment on my own including without limitation authority to consent for [sic] medical care, hospitalization, nursing home admission, or whatever else may in my Health Care Agent's sole judgment be in my best interest .
I, (name), hereby designate -- as my
health care proxy to make any health care decisions for me when I no longer have decisional capacity.
As shown in Bartling the ethicists and courts primarily consider the patient's autonomous choice or, if that's not available, the substituted judgment of the
health care proxy or family.
However, I must note that there are two basic forms of advance directive: the durable power of attorney, or
health care proxy, where the patient names another person to make decisions about treatment in the event of incompetence; and the living will, where the patient makes advance decisions about particular treatments they want or do not want.
The
health care proxy preserves your right to self-determination.
The living will is different from the
health care proxy in that the living will is a fixed document that covers only those things specifically mentioned.
The Act includes an informational requirement mandating that, upon admission to a hospital, nursing home, or hospice, or upon enrollment in a health maintenance organization receiving Medicare or Medicaid funds, patients must be informed of their right to refuse treatment and to formulate a living will or appoint a
health care proxy.
She said less than half the time, she finds patients who don't have a
health care proxy designated or a listing of what they want at the end of life.
