Health Care Proxy
HEALTH CARE PROXY is when you appoint a health care agent, someone to make health care decisions if you are incapacitated
NYS Health Care Proxy Law and Family Health Care Decision Act (FHCDA)
New York State allows you to execute a health care proxy which appoints someone to make healthcare decisions for you in the event you lose the ability to decide for yourself. FHCDA of 2010 allows family members or a close friend ( if there are no family members) to act as a “surrogate” or representative of the patient to make health care decisions when the patient has not signed a health care proxy . These decisions can include decisions to necessary to regain your health or the termination of life support. Even with the FHCDA, it is recommended that you sign a health care proxy. A HCP allows you pick an agent that you trust with your life, someone who has the strength of character to make difficult decisions, who is mature enough to manage the health care system. In addtion while its true that under the FHCDA, your surrogates role will be very similar to a health care agent, a surrogate will only have the authority to act if you are in a hospital or a nursing or if the decision is about hospice care. A health care agent may make decisions wherever you are.