Advance Directives
Although it is hard to talk about the final phase of life, it can be a great gift to our family and loved ones to prepare them in advance for the sometimes difficult and distressing decisions that must be made. Preparing a few simple legal forms known as advance directives can help ensure that your wishes are respected and that your health care decisions stay in the hands of people you trust.
Advance directives are a way of making your voice heard when you can no longer speak. They allow you to appoint someone to make your health care decisions for you when you no longer can and to administer or withhold treatment and procedures. Advance directives are not just for the elderly. All people who desire to direct their medical care in the future should complete an advance directive.
Family Health Care Decisions Act
Family Health Care Decisions Act (FHCDA) is a law that allows family members to make decisions regarding medical treatment for their loved ones who have lost the ability to make such decisions and who have not prepared an advance directive stating their wishes. The law includes many safeguards to ensure that the patient receives sound medical treatment and that decisions are made consistent with the patient’s wishes and best interests.
In July of 2011, New York State passed a new law expanding the FHCDA to include decisions regarding hospice care. The law allows surrogates to make decisions regarding hospice care regardless of where the decision is made and where the hospice care is provided.
Health Care Proxy Information and Form
The New York State Health Care Proxy Form has been revised. The form allows individuals to designate a person to serve as their agent and make health care decisions on their behalf if they should lose the capacity to do so for themselves. The form has been revised to include space for instructions concerning organ and/or tissue donation. Click download a copy of the revised form along with information and instructions on how to complete.
Living Will Sample Form
A living will document provides written instructions about your wishes regarding healthcare. There is no law in New York State which sets up a format or rules regarding living will, but the courts have recognized such documents as evidence of your wishes regarding health care. Information documented in a living will can be helpful to your agent, if you have one, and can be especially useful if your agent and alternate agent is unavailable or has died before you. You can state your wishes directly in a health care proxy and may not need a separate living will. However, you may prefer to use a living will rather than a health care proxy if there is no one you trust to act as your agent.
Medical Orders for Life Sustaining Treatment (MOLST)
The Department of Health has approved a physician order form, the Medical Orders for Life Sustaining Treatment (MOLST), that can be used statewide by health care providers and facilities as the legal equivalent of an inpatient Do Not Resuscitate (DNR) form. MOLST was created to provide a single document that would function as an actionable medical order and could transition with a patient through all health care settings. It is intended that the form will be transported with the patient between different health care settings in order that their wishes for life-sustaining treatment and CPR will be clearly indicated. For more information, visit www.molst.org
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