Health Care Proxy
A legal document that enables you to specify treatment decisions and to appoint someone to make health care decisions for you if or when you become unable to make such decisions for yourself. (An attorney is not required.) You can obtain a Health Care Proxy form online at http://www.health.ny.gov/forms/doh-1430.pdf or contact the Phelps Case Management Department at 914-366-3340. If you should need hospitalization, please bring a copy of your Health Care Proxy with you to the hospital each time you come.
Do Not Resuscitate Order (DNR)
A written physician order that is mutually agreed upon by the patient and physician, not to initiate CPR. If the patient does not have capacity the person named in his Health Care Proxy or surrogate and physician will must mutually agree whether or not to initiate CPR. (A DNR does not mean withholding other types of care or compromising the quality of care).
A signed statement indicating your views and specific wishes concerning life sustaining medical care, should you become terminally ill, incapacitated or unable to communicate or make decisions.
“Medical Orders for Life Sustaining Treatment,” MOLST is a directive that serves as a New York State living will. It allows physicians to document end-of-life information and orders regarding resuscitation, intubation, mechanical ventilation, nutrition, feeding tubes, hydration, antibiotic administration and any other patient-specific Advance Directives. Ask your doctor or nurse if you would like more information about MOLST.
Durable Power of Attorney for healthcare
A legal document that names your healthcare proxy.
Durable Power of Attorney for finances
A legal document with which you empower another person to manage your financial affairs when you cannot. It is separate from the power of attorney for healthcare. You can choose the same person for both your healthcare and financial POAs or different people to represent you.
The Family Health Care Decisions Act
(FHCDA), singed into NYS law in 2012, allows family members to make healthcare decisions on behalf of patients who have not prepared advance directives and who have lost their ability to make such decisions. These decisions include the withholding or withdrawal of life-sustaining treatment. Potential surrogates are appointed in order of priority (guardian, spouse or domestic partner, adult son or daughter, parent, adult brother or sister, close friend or relative). In addition to ensuring that family members or close friends can make decisions for patients who lack capacity and have no proxy agent, the law also provides for patients who have no available next of kin (surrogate). In such cases, the treating physician is authorized to make decisions for the patient. This law applies only to patients in hospitals or nursing homes.