New York Health Care Law - Choosing a Health Care Agent - Advance Medical Directive
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New York Health Care Law - Choosing a Health Care Agent
Picking your health care agent is a very important decision. Generally, you have the right to appoint any competent adult (18 years of age or older) as your health care agent. Your agent may be your spouse or partner, an adult child, a relative, a close friend or a Lawyer. Choose someone you trust -- and someone with whom you feel confident discussing your wishes for medical care. Your agent need not agree with all of your wishes, but must be capable of carrying them out, regardless of his or her own feelings. And, of course, it is always good practice to make sure the person you approved as your agent is comfortable serving as your agent.
Under New York’s Health Care Proxy law, you can appoint any competent adult as your Health Care Agent except:
- You cannot appoint your doctor as your health care agent unless your doctor is your spouse or your relative.
- You cannot appoint an operator, administrator, or employee of the hospital or nursing home where you are admitted unless they are a relative or you appointed them before your admission.
Q. Should my health care agent be living in the same city?
While the law does not require you to name an agent living in the same city or state as you do, it is a good idea to choose someone who lives nearby. If you are terminally ill, for example, and unable to make decisions for yourself, your agent may have to spend weeks or even months nearby to ensure your health care wishes are followed
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