Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.
The power of attorney for healthcare in New York, otherwise known as a healthcare proxy, is a legal document that allows a principal to appoint an agent to make medical decisions on behalf of the principal, in case the principal is unable to make such decisions for himself.
In New York, the appointment of a healthcare agent can be found in Public Health Law § 2981. The preparation of the healthcare proxy is usually a part of the packet of estate planning documents that an estate planning attorney will prepare for you. This packet of estate planning documents includes the last will and testament, durable power of attorney, and healthcare proxy (power of attorney for healthcare).
Healthcare Proxy
A healthcare proxy must be executed by a competent adult, signed, and dated in the presence of two adult witnesses who shall also sign the proxy. There are additional conditions if the healthcare proxy is executed in a healthcare facility. An alternate agent may be appointed, in case the healthcare agent is unable, unwilling, or unavailable to act.
The healthcare agent’s authority begins when a determination is made that the principal lacks capacity to make health care decisions. It is the attending practitioner who makes this determination to a reasonable degree of medical certainty.
The attending practitioner’s determination should:
- Be in writing;
- Contain the medical practitioner’s opinion regarding the cause and nature of the principal’s incapacity as well as its extent and probable duration; and
- Be included in the patient’s medical record.
For a decision to withdraw or withhold life-sustaining treatment, the attending practitioner who makes the determination that a principal lacks capacity to make health care decisions must consult with another physician, physician assistant, or nurse practitioner to confirm such determination. Such consultation shall also be included within the patient’s medical record.
Content of a Healthcare Proxy
In the healthcare proxy, the principal can write a date or conditions upon which the proxy shall expire. The principal can direct which health care decisions and on what limitations the decisions will be made. If the principal would like to be an organ donor, the principal should also specify which organs and on what limitations the donation will be made.
A healthcare proxy is an important part of estate planning because it ensures continuity in decision-making, despite the principal’s incapacity. Should you need Should you need assistance in the preparation of your estate planning documents, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
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