Power of Attorney

If you are not capable of making your own health care decisions, you need to appoint some one to do so. The document that allows for this is known as a Health care Proxy. This allows you to name an agent to make health care decisions for you only when you cannot. This document may be signed at a hospital, your doctor's office or it maybe prepared with the assistance of an attorney.

New York now has a Surrogate decision Making Act, which will permit your loved ones in a designated order to make Health care decisions. If you have more then one person In the same category or would prefer someone other then the legal first choice, you need to sign a Health care Proxy.

You may name only a single agent, although he or she is permitted to consult with others You may name as many successor or backup agents as you wish, but there must a designated order.

You may be wondering how do I chose my agent? Remember you are giving your agent, power over your health and possibly your life, so chose carefully. This is not an honor, like being your maid of honor or best man. it is a serious responsibility. No one, including your spouse or partner should be appointed just because it is natural or seems "fair".

What factors should you consider? The agent stands in your shoes so he or she must make the decisions You would want, not Do as he or she would do for him/ her self. Make sure that everyone who are you are considering knows your wishes. A health care agent acts only when you cannot. It is not necessary that the person agree with you, what is necessary is that he or she be able to respect your wishes and carry them out. The person may be acting in a crises, so how capable is he or she of doing so?. If medical personal object to what he or she requests, will he or she be capable of calmly and clearly explaining your wishes and advocating on your behalf. How readily available is he or she? It is not always necessary that the person be physically present, but he or she must be reachable quickly. Is he or she willing to serve ? I would ask everyone you are considering prior to signing the document.

Once the decision has been made, make sure that you communicate who has been selected and why. Open and honest communication now can prevent problems later.
By Sonya Middleman, Owner, Law office of Sonya Mittelman

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