Health care law enables families to make decisions BY SARA FOSS Gazette Reporter Reach Gazette reporter Sara Foss at 395-3193 or sfoss@dailygazette. net.
Under a new state law, relatives can make health care decisions for incapacitated patients. The new rule is part of the Family Health Care Decisions Act, which went into effect on June 1. Previously, no one — not even a spouse or child — was allowed to speak on behalf of an incapacitated patient unless he or she had signed a health care proxy or left clear instructions before becoming incapacitated. The New York Health Care Proxy Law allows people to appoint someone they trust, such as a family member or friend, to make health care decisions. “New York was one of two states that didn’t have a law like this,” said Michael Burgess, director of the New York State Office for the Aging. He said that signing a health care proxy is still recommended, but that most residents have yet to do so. Prior to the Family Health Care Decisions Act, incapacitated patients who lacked a health care proxy were denied the palliative care they would have wanted, or subjected to invasive treatments they would have refused, Burgess said. Palliative care focuses on relieving suffering, rather than fi nding a cure. Now a surrogate will be chosen to make any and all health care decisions for an incapacitated patient, including whether life-sustaining treatment should be withdrawn, once a doctor has determined that a patient is incapacitated. The law sets up a roster of people who could be the surrogate. They are, in order of priority: court-ordered guardian, spouse or domestic partner, adult child, parent, adult sibling and close friend. “Now there won’t be any [confusion] even if you don’t sign a health care proxy,” Burgess said. ................>>>>..................>>>>................http://www.dailygazette.net/De.....r01301&AppName=1
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