The Vital Role of Health Care Proxies: Protecting Your Medical Wishes in New York
In the complex world of healthcare decisions, unforeseen medical emergencies, and incapacitation, having a health care proxy in place is not just a prudent step; it can be a lifeline for individuals residing in New York.
I. Understanding Health Care Proxies
A health care proxy is a legal document that allows an individual (the “principal”) to designate a trusted person (the “proxy” or “agent”) to make healthcare decisions on their behalf if they become incapacitated or unable to communicate their preferences.
In New York, this document is governed by the Health Care Proxy Law (Public Health Law, Article 29-C).
II. The Perils of Not Having a Health Care Proxy
Failing to establish a health care proxy can expose individuals to a range of risks. Without a designated proxy, medical decisions may fall to family members who may disagree on the course of treatment or may not be aware of the principal’s wishes. This can lead to emotional distress and legal battles, hindering timely and appropriate medical care.
III. Choosing Your Proxy
Selecting the right health care proxy is a critical decision. It should be someone who:
- You trust implicitly.
- Understands your values, beliefs, and healthcare preferences.
- Is willing and able to make tough decisions.
- Is geographically accessible, as they may need to act swiftly.
- Is aware of their responsibilities under New York law.
IV. Duties of the Proxy
A health care proxy’s responsibilities include:
- Advocating for the principal’s medical preferences.
- Making informed decisions in accordance with the principal’s wishes.
- Consulting with medical professionals to understand treatment options.
- Considering the principal’s quality of life when making decisions.
- Regularly communicating with the principal’s family regarding medical updates.
V. Accessing HIPAA Information and Directing Medical Care
The Health Insurance Portability and Accountability Act (HIPAA) restricts the release of a patient’s medical information to unauthorized individuals. A health care proxy has the legal authority to access the principal’s medical records and communicate with healthcare providers as necessary to make informed decisions about their care.
VI. The Instrumental Role of Health Care Proxies in Decision-Making
When a principal becomes incapacitated, temporarily or permanently, the health care proxy becomes their voice. Proxies ensure that the principal’s healthcare preferences are respected and followed. This can alleviate the burden on family members who may be emotionally distraught and provide clarity in times of crisis.
VII. The Urgency of Timely Action
Creating a health care proxy should not be postponed. In the event of sudden incapacity, it may be too late to establish one, and the only recourse may be guardianship proceedings. Guardianship is a costly and invasive legal process that involves the court appointing a guardian to make healthcare decisions on behalf of the incapacitated individual. This should be considered a last resort.
We can help you create a health care proxy which is a powerful legal tool to empower you to retain control over your medical decisions, even when you are unable to speak for yourself.
