New York Health Care Proxy Statute

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What is New York Health Care Proxy Statute?

The New York Health Care Proxy Statute, also known as the Health Care Proxy Law, is a legal document that allows you to appoint someone you trust to make healthcare decisions on your behalf if you become unable to make these decisions for yourself.

What are the types of New York Health Care Proxy Statute?

In New York, there are two main types of Health Care Proxy statutes: the statutory short form and the non-statutory long form. The statutory short form is the most commonly used and is a simple, one-page document that meets the legal requirements for appointing a healthcare agent. The non-statutory long form provides more detailed instructions and allows you to customize your healthcare wishes to a greater extent.

Statutory short form
Non-statutory long form

How to complete New York Health Care Proxy Statute

Completing the New York Health Care Proxy Statute is a straightforward process that involves the following steps:

01
Choose your healthcare agent, who should be someone you trust to make decisions in line with your wishes.
02
Fill out the necessary information on the chosen form, either the statutory short form or the non-statutory long form.
03
Sign the document in the presence of two witnesses who are not your appointed healthcare agent, and have them sign as witnesses as well.
04
Consider discussing your healthcare wishes with your agent and family to ensure everyone is aware of your desires.
05
Keep a copy of the completed form in a safe place and provide copies to your agent, healthcare providers, and loved ones.

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Video Tutorial How to Fill Out New York Health Care Proxy Statute

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Questions & answers

(a) A determination that a principal lacks capacity to make health care decisions shall be made by the attending physician or attending nurse practitioner to a reasonable degree of medical certainty.
No individual shall be required to receive either an influenza vaccine or pneumococcal vaccine if the vaccine is medically contraindicated, or if it is against his or her religious beliefs, or if he or she refuses the vaccine after being fully informed of the health risks of such action.
In New York, the Health Care Proxy Form is different from the Power of Attorney Form. Here, the Health Care Proxy Form enables you to appoint someone to make medical decisions for you, while the Power of Attorney Form enables you to appoint someone to make financial decisions for you.
You do not need to have the form notarized. The standard Health Care Proxy form approved under New York law has sections that must be completed for your proxy to be valid. The form also has “optional” sections that you may or may not choose to complete.
“Capacity to make health care decisions” means the ability to understand and appreciate the nature and consequences of health care decisions, including the benefits and risks of and alternatives to any proposed health care, and to reach an informed decision.
The New York Health Care Proxy Law allows you to appoint someone you trust — for example, a family member or close friend – to make health care decisions for you if you lose the ability to make decisions yourself. By appointing a health care agent, you can make sure that health care providers follow your wishes.

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