Powers of Attorney and Health Care Proxies

A health care proxy or agent is created when one individual (“principal”) designates another to act as “agent” with respect to decisions regarding the individual’s (“principal’s”) health care. This document becomes effective only when the “principal” is no longer capable of communicating or can no longer competently make his/her own decisions.

• Without an agent or proxy to do so, health care decisions may be relegated to medical staff or possibly the courts. New York state’s Proxy Law requires the “principal” to specifically address the issue of artificial nutrition and hydration with the “agent” or the agent may not be heard with regard to these treatments.
• Obviously, one should be very careful in making a decision as to who should be their agent with respect to health care. It is good practice to keep an original health care proxy directive on one’s person, with one’s physician and to give one to the “agent.”
• One may only designate one individual to act as their agent with respect to health care. However, in the event that the individual fails to act for any reason, an alternate “agent” may be designated. New York state requires two witnesses’ signatures on health care proxy directives.