Advance Directives
What Are Advance Directives?
They are legal documents that ensure your wishes are followed if you cannot make decisions for yourself. New York State recognizes three types of advance directives:
New York State Health Care Proxy
- What it does: Lets you
name a health care agent who will make decisions if you cannot make them
yourself.
- When it takes effect:
Only after two doctors decide you are not able to make your own decisions.
- Standard New York State form? Yes. (See More Information.) Give copies to your health care agent, your close family members, your doctors and others involved in your care.
Living Will
- What it does: Lets you
say what care you want – or don’t want – at the end of life.
- When it takes effect:When
you cannot make your own decisions, and your doctor confirms that you have an
incurable condition.
- Standard New York State form? No. Sample forms are available.(See More Information.) You can also write special instructions on your Health Care Proxy form.
Do Not Resuscitate (DNR) Order
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Advance Directives are not just for the elderly
There are times when people - even young, healthy people-can't make their own decisions about medical care. For example:
- You are injured in an accident and arrive at the
hospital unconscious.
- You are under general anesthesia for routine surgery
when something unexpected happens.
- You have an illness that leaves you unable to speak, or you are comatose.
Who will speak for you?
- Friends or family members can always tell health care providers what they think you would want. But in New York State, they cannot direct your medical care unless you appoint them in writing.
- No one - not even your spouse - can act on your behalf unless you appoint them using the New York Health Care Proxy form. "Proxy" means "substitute" - a person who can act
as your agent.
- The New York Health Care Proxy form is an advance directive that lets you express your wishes
in advance.
- You can say what care you do - or do NOT - want. Your health care proxy (your agent) must follow your directions.
Gain more control over your care.
- Everyone 18 and older should have a health care
agent.
- When you appoint an agent, you help your family avoid
confusion and conflict. There is no doubt about who will make decisions.
- When you appoint an agent, you claim your legal right
to ask for - or refuse - medical care.
- Hospitals, nursing homes, doctors and other health care providers must follow your agent's decisions as if they were your own.
How to appoint a health care agent
It's easier than many people think.
- Select an adult you trust, such as a family member or
a friend, as your agent on the Health Care Proxy Form. You can also name an
alternate agent who will take over if your primary agent is not available.
- Discuss your wishes with your health care agent. Talk
about your values and beliefs.
- No one can plan for every scenario. The more your
agent knows, the easier it will be for that person to make decisions for you.
- If you wish, you can use the Health Care Proxy form to write specific directions about the kind of care you want or don't want, just as you would in a Living Will or a Do Not Resuscitate (DNR) Order.
- If you like, you can simply write, "my agent knows my wishes."
- You can also use the Health Care Proxy form to give
instructions about organ donation, if you wish.
- You do not need a lawyer or a notary to sign the form
- just two adult witnesses.
- You can change your Health Care Proxy form or appoint a new health care agent when ever you want. Simply fill out a new form.
Hospice: Care and Comfort at the End of Life
- Hospice is a service for people with terminal illness
who are expected to live 6 months or less.
- Hospice care is is designed to meet the physical.
mental, spiritual, social and economic needs of patients and their families
during the final stages of illness, dying and bereavement.
- Hospice care is given in hospitals, nursing homes,
assisted-living facilities or at home.
- You or your health care agent can choose a hospice
program in advance to meet your needs.
- Medicare, Medicaid and other health insurance plans often cover hospice care.
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Forms
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Related Publications and Information
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More Information and Help
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