What are the benefits of a health care proxy?

What is the NYS law regarding health care proxy?

I just had a discussion with my daughter regarding the law that allows someone to make medical decisions for me if I am unable.

I asked her what she would do in such a situation and she said she would use her own personal definition of being unable to make decisions. The only legal definition of being unable that I can find is someone who is totally mentally incapacitated, and even that is not very well defined.

As a result of this discussion, I am wondering if it is lawful for my daughter to use her own definition as a medical definition? If she does, how can a court determine if she is being truthful in her opinion or is using her own definition as a medical definition? Also, if she makes these decisions, is it legal for her to not tell me about them? I ask because she works in a nursing home and if a resident asks her if he is about to have surgery, she would not know because he has not told her. The law defines an "incapacitated person" as an individual who is unable to make informed medical decisions for himself or herself because he or she lacks the mental capacity to do so. Section 1.1501(a)(i) of the Health Care Law provides that an incapacitated person is one who is unable to understand the information necessary to make the decisions, or who is unable to communicate their decisions. For purposes of this section, "incapacity" includes a significant lack of understanding or impairment of reasoning or communication.1501(b) of the Health Care Law sets forth additional requirements for determining an individual's incapacity.

Incapacity may be determined based upon a medical opinion, which must be established by a physician. See Section 1.1501(e)(3) of the Health Care Law. A physician's opinion regarding incapacity may be based upon a medical examination, observation of a patient, evaluation of the patient's medical records, or the opinion of other physicians.

I hope this is helpful. Please let me know if you have any questions.

Dear Anonymous. Thank you for your kind words. This is an important area and there are many conflicting opinions on the topic. It is often difficult for lawyers to find the correct definition of incapacity.

What are the benefits of a health care proxy?

The health care proxy is a legal document used by a patient who may not have the capacity to make certain health care decisions on their own.

The health care proxy allows you to choose an individual who can act as a proxy for you in making these decisions in your best interests.

A health care proxy is a legal document used when someone has lost capacity to make certain decisions because they do not have the necessary mental capacity to understand things such as their finances or their medication. The health care proxy allows you to select an individual to make these decisions on your behalf. Once appointed, this person will take the decision after consulting with an independent healthcare professional if that is necessary. The person selected as the health care proxy can either be the personal representative, next of kin or any other person designated in advance.

Why would I need a health care proxy? People who are losing their capacity often make many decisions, but often forget to set things in motion before losing their capacity. For example, decisions about your finances, family planning, where you will live, decisions about your future care and treatment may need to be taken. If you wish to give others in your community the opportunity to take these decisions for you, you must appoint a health care proxy first.

Who is responsible for the care of the person named as a proxy? It is your responsibility to provide the health care proxy with all the necessary information. This includes details about who is selected to be your health care proxy and where they live. The proxy will then make the decisions agreed upon with you, but if you don't agree with them, they must consult with another doctor, nurse or healthcare professional. At any point the proxy can change who they feel can provide the most appropriate care for you without seeking your consent. The proxy will make decisions in accordance with your wishes, as well as in accordance with a health care plan in the event that you are deemed unable to make decisions.

Is a health care proxy financially responsible?

I'm a 70 year old with early onset of Alzeimer's.

For the past 25 years I have worked for the state, then I retired, now I volunteer about 4 hrs per week doing stuff at the state house.

It was about 10 years ago, if I remember right, that my doctor said it was time to get a health care proxy signed and that the state would not cover anything after I died, but I couldn't recall whether this was legal or not and certainly didn't want to waste money on lawyer fees. A friend had me sign it about 5 years ago, said that he always had an independent living check in my purse, and that my sister would never find out. Well, after her husband died and left me all his assets, I am going to probate what I left her, there is no question that I will win. She was very good at playing stupid. She tried to get by one income, so when that went and she got a low-paid job that gave her no retirement, she didn't plan well for emergencies, so when my sister turned me in for all the inheritance and I won the court case, she blew her top crying foul.

Now, if that document holds up against all the challenges I could do with, we shall see, but it has been signed and was filed. Anyhow, I understand that there's been changes to the forms over the last ten years, and that health care proxies are 'optional' now. How much of a burden on the living and how serious can it be?

We use both our hands with the computer and have a great sense of humor that sometimes makes things worse. We've had a great laugh as we've gone through this, I just didn't know that we could get such pleasure out of it. My nephew found out a way of making my late husband's sister pay it all back. It really made a difference, she didn't come out of the funeral home until all was paid, she is paying it now, you would think that something that important shouldn't depend on such little things as wills! Thank You!

I know that it's optional, but I wouldn't sign a doc even though it's optional.

What are the responsibilities of a healthcare proxy?

A healthcare proxy is a person named by a patient who is incapable of expressing his or her wishes regarding medical decisions.

A healthcare proxy acts as the patient's agent and representative.

If you are a patient's agent, you have the following responsibilities: You must follow the patient's instructions about all aspects of the patient's healthcare. You must make sure that the patient has received all of the information he or she needs about his or her health care.

You may be required to pay for the patient's medical care. If this is the case, you must pay the bill for all services and supplies that the patient needs. You may not deny the patient any care that he or she needs, including payment for such care.

You must make sure that you know where the patient lives and whether he or she has designated another person to act as the healthcare proxy. You may be required to give written consent to the treatment and care that the patient needs. This means that you must agree to the treatments that the patient receives.

You must notify the hospital if the patient is unconscious or otherwise unable to communicate his or her wishes. The duties of a healthcare proxy are similar to those of an agent in other contexts. However, the hospital usually does not allow a patient to be an agent unless he or she has been diagnosed with a terminal illness. In such cases, the patient's wishes must be known. If the patient is not terminally ill, the healthcare proxy has the authority to make healthcare decisions. The healthcare proxy can do this without regard to the patient's wishes. The healthcare proxy can also make decisions for the patient without consent if the patient is incapacitated.

What are the responsibilities of a spouse or other family member? A spouse or other family member may be required to make decisions about the patient's medical care when the patient is incapable of expressing his or her wishes. The spouse or other family member must follow the patient's wishes. If the patient cannot express his or her wishes, the spouse or other family member must act in the patient's best interests. If the patient is incompetent, the spouse or other family member can act as the patient's agent.