FOR BREAKING NEWS VISIT www.couriersun.com august 28, 2014 • The Courier sun 23 The Elder Law Minute TM HEALTH CARE PROXY– FREQUENTLY ASKED QUESTIONS By Ronald a. Fatoullah, Esq. and yan lian Kuang-Maoga, Esq. (1) What is a Health Care Proxy? A Health EldER law Care Proxy is a very important legal document. It ensures that someone you choose will have the legal power to make health care decisions for you if you should become unable to do so. (2) Why do I need a Health Care Proxy? No one has a legal right to make health care decisions for you (if you cannot make them) unless you are in an institutional setting, or at home on hospice care. Without proper legal authority, a guardianship must be initiated to authorize an individual to make health care decisions. Starting in 2010 in New York, the Family Health Care Decisions Act does authorize a list of individuals, based on priority, to make health care decisions for a person who is unable to make those decisions. However, this statute is only applicable when a person is in an institutional setting, such as a hospital or nursing home, or at home on hospice. Often times, health care decisions need to be made for an individual who is at home, and in that case the Family Health Care Decisions Act is usually not applicable. Also, the statute authorizes a class of individuals such as “children” to make these decisions, which can become an issue if the individual has more than one child and they do not get along, because the statue does not prioritize which of the children has priority. It is highly recommended that all individuals, not exclusively the elderly or sick, have a properly executed Health Care Proxy. (3) How do I appoint a Health Care Proxy? Any person over the age of 18 can appoint a Health Care Proxy by completing and signing the New York State Health Care Proxy form. Of course, the individual must be deemed legally competent in order to sign a Health Care Proxy form. Therefore, it is crucial that this document be signed before any crisis occurs, and while the individual is able to understand what he or she is signing. The signing of a Health Care Proxy form must be witnessed by two adults. The named agent(s) cannot be one of the witnesses. Once you have executed a Health Care Proxy, the appointment is indefinite unless you have specified otherwise. You can always revoke or change your Health Care Proxy by executing a new one. (4) What decisions can my health care agent make? A health care agent steps into your shoes and can therefore make all health care decisions that you would have been able to make, unless you have limited his or her power in your Health Care Proxy. The one limitation your health care agent would face is with regard to feeding tubes, i.e. artificial nutrition and hydration. Your agent can only make those decisions if he or she knows your wishes from what you have said or what you may have written. Therefore, in preparing a Health Care Proxy, it is also crucial that you discuss your wishes when it comes to artificial nutrition and hydration with your agent. You may also prepare a living will, which is a written document with instructions or guidelines regarding your health care wishes or beliefs for your health care agent to follow. A living will is not a replacement for a Health Care Proxy. In addition, the agent under a Health Care Proxy CANNOT make any financial decisions. Such decisions are reserved for the agent(s) you have named on a Power of Attorney. (5) Who can be a health care agent? Anyone over the age of 18 years of age can be appointed as a health care agent. An individual can only name one agent at a time, but it is always recommended that at least one alternate agent be named in case the primary agent is not available. Picking a health care agent is a very important decision, and it is crucial that you consider whether or not the agent you are considering will have the ability to make decisions according to YOUR wishes and beliefs and not his or her own. (6) Where should I keep my Health Care Proxy form after it is signed? The original document should be kept in a safe place, and your health care agent should know where to locate it. It should not be kept in an inaccessible place such as a safe deposit box. You should provide a copy of your executed Health Care Proxy form to your agent and alternate agent(s). You should also give a copy to all of your doctors and bring one to any hospital. Finally, it is recommended that a copy be posted on your refrigerator and one copy be kept in your wallet. Ronald A. Fatoullah, Esq. is the principal of Ronald Fatoullah & Associates, a law firm that exclusively concentrates in elder law, estate planning, Medicaid planning, guardianships, estate administration, trusts, wills, and real estate. The firm has offices in Forest Hills, Great Neck, Manhattan, Brooklyn, and Cedarhurst, NY. This article was written with the assistance of Yan Lian Kuang-Maoga, an elder law attorney with the firm. Ronald Fatoullah & Associates can be reached by calling (718) 261-1700, 516-466-4422, or toll free at 1-877-ELDER-LAW or 1-877-ESTATES. RONALD FATOULLAH, ESQ, CELA* We’re Ready For Back To School, We’re ready for Back to Are You? you? Back to To School Physicals And Urgent Medical Needs For All Ages and Urgent Needs for all ages Vision (certified DMV center) and hearing tests, Asthma and allergy treatment, Physicals, Flu, Meningitis, Shingles, and Yellow Fever vaccines 186-06 Union Tpke, Fresh Meadows, NY 11366, Phone 718 575 0974, Fax 718 268 2969, UM-UC.COM
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