A Very Important Document
What is a Health Care Proxy? A document that allows you (principal), as a competent adult to appoint another person as an agent to make decisions for you regarding your health care in the event you lose your decision-making capacity.
When does it become effective? Upon a determination by your doctor, to a reasonable degree of medical certainty, that you are no longer able to make your own health care decisions. Your agent cannot act under the proxy until this determination has been made.
When does it expire? The proxy remains in effect until your death, unless otherwise indicated or if you revoke it. If you desire, you can state a specific date, or occurrence of any condition, on which the proxy will terminate.
Does it need to be witnessed? Yes. The principal needs to sign in front of two witnesses, who must also sign, and give their names and addresses. New York law requires the witnesses state that the principal appeared to execute the Proxy willingly and free from duress. If you are designated as the agent, or alternate agent, you cannot act as a witness.
Who should be my agent? It is recommended you appoint someone you trust, perhaps a family member or close friend, to make decisions about your health care if you are no longer capable of doing so. Before you appoint someone as your health care agent, discuss it with them to make sure they are willing to act as your agent.
Even if you become temporarily unable to make your own health care decisions, your health care proxy can make these decisions for you. When you then become able to make decisions again regarding your health, your agent is no longer authorized to act. You do not need to be elderly and/or sick to have a health care proxy. Whether you are young or old, sick or healthy, you should speak to your attorney about setting up a health care proxy.
If you have questions, or if you would like more information, please call me at 518-229-4663. I am here to help you.
Daniel S. Glaser, Esq.