Health Care Proxy & Living Will
Health care proxy:
New York law lets an individual appoint someone she trusts (for example,
a family member or close friend) to make decisions about medical treatment
if she can no longer make or communicate those decisions herself. She doe
this by signing a health care proxy, which appoints a health care agent.
The health care agent can health care providers directions about the patient's
wishes. Hospitals, nursing homes, doctors and other health care providers
must follow the agent's decisions as if they were the patient's. The health
car proxy can be as broad or limited as the individual wants: she can allow
the agent to decide about all health matters or only certain treatments.
What is the difference between a living will and health care proxy?
A living will and a health care proxy are both advanced medical directives.
A living will is the older form of advanced medical directive, and is simply
a written statement of an individual's wishes regarding medical treatment.
The physicial is to follow the instructions if the individual can not provide
instructions. The health care proxy is the newer form of advanced medical
directive. It is significantly different from the living will because it
authorizes another person (the health care agent) to make health care decisions
if the patient cannot. The living will is therefore more limited. For many
people, the health care proxy will be more important but for some people
It makes sense to utilize both a living will and a health care proxy.
Do you have to sign an advance directive?
No. Signing a living will or health care proxy is voluntary. No one can require
an individual to complete either directive. However, if you cannot make
your own medical decisions, a guardian may need to be appointed. The health
care power of attorney can avoid the need for a court proceeding to appoint
a guardian, and it can help make sure that the right person makes your
medical decisions instead of the court.
Please note: An approved New York State Health Care Proxy is available on the Internet in English, Spanish, Chinese and Russian at New York State Department of Health, Consumer Information.
You can find various living wills available. One of the more popular is available through the Partnership for Caring.