Response from Mr. Sciacca
A health care proxy is a document whereby you can appoint an individual to make a medical decision for you if there comes a time when you cannot make a medical decision for yourself. So long as you can meaningfully communicate with your health care providers, they are obligated to listen to you. The proxy does not take effect until such time as you become incapacitated.
Once you become incapacitated, your selected agent will be able to make any medical decision that you would have been able to make yourself, including decisions concerning continuing or terminating artificial measures to keep you alive.
While many people consider this as a "pull the plug" type of document, it can be so much more than that. I'm sure we can all imagine a situation (i.e., dementia) where we may not be able to communicate with our doctors where a life-and-death decision is not appropriate.
In New York State, you may appoint anyone you wish as your health care agent (except your treating physician). There is no requirement for you to name your next-of-kin, including a domestic partner or spouse. Agents can serve only one-at-a-time. You may name multiple agents, but they must serve in succession (my partner first, with my niece as an alternate, and my good friend as a further alternate).
If you sign a health care proxy, it is very important that your agents know your wishes concerning medical care and treatment. This is particularly important should they ever need to make a decision to continue or withhold life-sustaining treatment. You should have a very frank discussion with your agents, and make your wishes absolutely clear. While it may not be the most enjoyable conversation you will ever have, it will surely be one of the most practical. If your agent ever actually needs to make this decision, he or she will be glad that you did.
YES, YOU SHOULD HAVE A HEALTH CARE PROXY. While many people retain an attorney to prepare the health care proxy (usually when drafting a Last Will and Testament and/or a Power of Attorney), you may certainly prepare and execute your own health care proxy without retaining an attorney do so. You may do this in one of three ways:
First, SAGE offers a free monthly legal clinic. To make an appointment, you should call SAGE at (212) 741-2247. During your appointment, you will meet individually with an attorney who can assist you with preparing the form and provide the necessary execution formalities. At the end of the appointment, you can walk out with a fully executed document. SAGE also offers periodic seminars on health care proxies and other advance directives (power of attorney, living will, etc.); consult your newsletters and calendars for more information.
Second, all hospitals and health care facilities within the State of New York are required to maintain blank forms. If you ever find yourself being admitted to a hospital, the New York State health care proxy form will be part of your admission packet.
Third, blank forms (and instructions) are available to download from the New York State Department of Health's website. For the link to that website, please click below.
If you do decide to prepare your own health care proxy, please be sure to follow all of the instructions carefully. This document must be executed before two witnesses, neither of whom can be a selected agent (primary or alternate). Detailed instructions are available on the New York State Department of Health's website (see below).
Finally, if you do execute the health care proxy (which I strongly recommend), do not keep this document to yourself. Make photocopies and distribute them to your doctors (if you see four different doctors, make sure each one has a copy) as well as all primary and alternate agents.
Click here for the New York State Department of Health's health care proxy form (and instructions)
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