The Family Health Care Decisions Act (FHCDA) plays a significant role in determining who can make medical decisions for you if you become incapacitated. In New York, this law affects individuals who have not designated a healthcare proxy or power of attorney. Understanding its impact helps ensure your medical wishes are carried out according to your preferences.
What is the Family Health Care Decisions Act?
The FHCDA allows specific individuals to make healthcare decisions on behalf of an incapacitated patient who has not appointed a healthcare proxy. The law establishes a priority list of decision-makers, starting with a legal guardian, followed by a spouse or domestic partner, adult children, parents, siblings, and close friends. If no suitable person is available, a hospital ethics committee may step in to make necessary decisions.
How does it compare to a healthcare proxy?
A healthcare proxy gives you control over who will make medical decisions for you if you become incapacitated. Under the FHCDA, decisions fall to a predetermined hierarchy, which may not align with your personal wishes. By designating a healthcare proxy, you ensure that someone you trust is making decisions in line with your preferences. Without one, the law dictates who steps in, potentially leading to disagreements among family members.
How does a power of attorney fit in?
A power of attorney primarily covers financial and legal matters, not health care decisions. However, if your power of attorney document includes specific medical directives, it can work alongside a healthcare proxy to provide a comprehensive plan. Without these documents, the FHCDA determines your decision-maker, which could result in someone unfamiliar with your medical values handling critical choices.
Why should you establish these documents?
Relying on the FHCDA alone means relinquishing control over who makes your medical decisions. Appointing a healthcare proxy and establishing a power of attorney ensures your choices are respected and reduces the likelihood of family conflicts. Taking these steps provides clarity and peace of mind for you and your loved ones.