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Question: What is a Health Care Proxy?
Answer: A Health Care Proxy is a legal document that allows competent adults to appoint
another person to make health care decisions for them when they are unable to do so
themselves. This agent (proxy) can be given general or limited decision-making powers.
. . .
Question: Is a Health Care Proxy valid in New York?
Answer: Yes. See the relevant Public Health Law section; effective January 18, 1991.
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Question: Does the Health Care Proxy take away my ability to make my own health care
decisions?
Answer: No. You do not lose your ability to make your own health care decisions as long as
you are able to do so. The Health Care Proxy is there as a “safety net” so that someone you
designate, who knows your wishes, can step in when needed to make medical decisions for
you.
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Question: When can the Proxy / Agent make medical decisions on my behalf?
Answer: Generally, when your attending physician determines that you have lost the capacity
to make such decisions yourself.
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Question: When can the Proxy / Agent decide to withhold or withdraw life-sustaining
treatment?
Answer: Generally, only after the opinion of a second physician or relevant specialist that you
lack the capacity to make such health care decisions yourself.
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Question: How many Agents can be appointed?
Answer: Only one Agent should be appointed to act at a time. However, in your Health Care
Proxy, you can provide for the appointment of an alternate agent in case the first is unable,
unwilling or unavailable to act on your behalf.
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Question: Do I need a witness for the Health Care Proxy?
Answer: Yes, you will need two witnesses who must also provide their names and
addresses. However, note that certain individuals may not act as witnesses. It is also a
good practice to have two independent witnesses to the execution of your Living Will.
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Question: What is the difference between a Health Care Proxy and a Living Will?
Answer: A Health Care Proxy allows you to name an individual to make end-of-life decisions
for you when you are unable to do so yourself. Your Living Will is designed to instruct your
medical caregivers of your wishes should you be unable to do so yourself.
. . .
Question: Should you execute both a Living Will and a Health Care Proxy?
Answer: Yes, they serve different purposes and each has its own use. Together, they
provide the legal insurance you need to be sure that health care decisions will be made
according to your wishes, when you are no longer able to express them yourself.
. . .
Question: Can you revoke or change your Living Will or Health Care Proxy?
Answer: Yes.
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Question: Can I combine my Health Care Proxy with my Power of Attorney?
Answer: No. The New York Proxy Law requires that these documents be separate.
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