Health Care Proxy Information

Do you know what kind of care you do or do not want if you ever become seriously ill? How do you feel about feeding tubes, life support or emergency resuscitation? What if there was no opportunity for good quality of life? If you become too sick to make these kinds of health care decisions, someone else might be asked to make these decisions for you. Health care professionals often look to family members for guidance, but family members are not permitted to decide to discontinue life support treatment, even when they believe that is what you would choose or what is best for you under the circumstances. New York State requires legal documentation, or documentation of clear and convincing evidence of your wishes. Families may not be authorized to make critical medical decisions for loved ones who lack the capacity to decide for themselves.

The New York Health Care Proxy Law allows you to appoint someone you trust to make health care decisions for you if you lose the ability to make decisions yourself. A Health Care Proxy differs from a Living Will in several important ways. Both are categorized as Advance Directives, and allow you to spell out instructions for your health care in the event you are later unable to express your wishes because of serious illness or injury. In a Living Will, you outline the type of care you want (or don’t want) should you become too ill to make your wishes known. For example, you can state whether or not you want to be kept alive using life support. With a Health Care Proxy (also known as a durable health care power of attorney), you grant permission to a specific family member or friend to make health care decisions for you if you are unable to do so.

Hospitals, doctors and other health care providers must follow your agent's decisions as if they were your own. You may give the person you select as your health care agent as little or as much authority as you want. You may allow your agent to make all health care decisions or only certain ones. You may also give your agent instructions to assist them to make decisions for you. This form can also be used to document your wishes or instructions with regard to organ and/or tissue donation. If your wishes or family situation changes, you can modify or revoke your advance directives at any time.

Nationally, only one in five Americans has exercised their right to complete an advance directive despite the significant advantages. Advance care planning also helps to ensure you receive medical care consistent with your values, beliefs and customs. Furthermore, openly discussing your wishes with your loved ones, spokesperson (agent) and physician ahead of time helps relieve some of the guilt and second-guessing associated with them having to guess your wishes. This means your loved ones can focus their energy on spending time with you and supporting each other rather than on conflict resolution.

Whether you agree or disagree with legal decisions made in cases such as the Terry Schiavo case in Florida, this tragedy highlights the importance of having your wishes legally documented in a Health Care Proxy. For more information on appointing a health care agent, visit the WNY Health Care Proxy Coalition website: www.Ihaveone.org. The official New York State Health Care Proxy form and a wealth of related information are available at http://www.health.state.ny.us/professionals/patients/health_care_proxy/intro.htm.

The Chautauqua County Health Network (CCHN) and the Chautauqua Cares Coalition have created a secure web-based registry service for Health Care Proxy forms. This new system allows healthcare providers like Brook to access a patient’s proxy form any time it is needed.

Health Care Proxy forms currently on file at Brooks Memorial Hospital will NOT automatically be sent to the registry unless the patient requests in writing that we do so. Upon admission, BMH staff will be asking patients if they want a copy of their current or new Health Care Proxy sent to the registry, and patients can also submit forms on their own.

Patients can fax a copy of their Health Care Proxy form to the CCHN at 664-8447 or send a copy of their Health Care Proxy form directly to the Registry through the mail to:

CCHN Health Care Proxy Registry
300 Foote Avenue
Jamestown, NY 14701

If you would like more information about Chautauqua Cares Health Care Proxy Registry, or how to get your Health Care Proxy form included, contact BMH Medical Records Director Cheryll Rogers at 363-7283.

> download Health Care Proxy form (pdf)