Under New York law, people can designate agents to make decisions regarding their health care in the event they become unable to voice their wishes. Choosing an agent is just one step of the process, however, it is also important for anyone designating an agent under a health care proxy to understand what the agent needs to know to best achieve their wishes. If you are interested in learning more about New York’s Health Proxy Law and its implications, or if you would like more information on revocable living trusts and estate planning, please contact us today!
Important Things Your Agent Under a Health Care Proxy Needs to Know
Health Care Proxies are documents through which individuals can appoint people to act as their health care agents. Parties can designate agents by completing a health care proxy form in which they name the person authorized to make health care decisions on their behalf.
Essentially, a health care agent makes decisions on behalf of someone else in the event the person becomes unable to do so due to a physical or mental illness. Essentially, the goal of designating an agent under a health care proxy is to ensure that a person receives the care and treatment that best aligns with their wishes, beliefs, and values.
It is important, then, that an agent under a health care proxy possesses a thorough understanding of the goals of the individual that named them as their agent. For example, the person should communicate whether they which to receive life-sustaining measures in the event they need life support. Additionally, they should clearly express whether they would want to be resuscitated should it become necessary. It is also essential that the agent understand whether the person would want to donate their organs if the opportunity presents itself.
Aside from comprehending a person’s healthcare objectives, an agent under a health care proxy should understand the parameters of their designation. For example, the agent does not acquire the right to make medical decisions on behalf of a person until the person becomes unable to make decisions. Typically, a doctor must deem a person incapacitated for the health care proxy to take effect. Further, the powers of an agent under a health care proxy are limited to making health care decisions for the person. In other words, they do not have the power to make any financial decisions or control any other aspect of the person’s life.
Talk to an Experienced Corning Estate Planning Lawyer
Designating a person to make decisions regarding your health care in the future can be daunting, and it is important that anyone choosing an agent under a health care proxy thoroughly communicates their goals and feels confident that the agent will act in accordance with their wishes when the time comes. If you have questions regarding what your agent under a Health Care Proxy needs to know, it is smart to talk to an experienced estate planning attorney as soon as possible.