REPORT: April 2005

Ask the Experts

What do patients need to know about proxies and living wills?

Q.: As a registered nurse, I am frequently asked by patients, family, and friends about the difference between a healthcare proxy and a living will. How best can I explain the difference?

A.: First, it is important to share that under current New York law, no one, not even a family member has the authority to decide medical treatment if an individual loses the ability to do so and has not prepared a healthcare proxy or a living will in advance. Every individual in New York state, 18 years of age and older, in order to ensure their end of life wishes are known and honored, must give a trusted individual the legal authority to make healthcare decisions or leave clear and convincing evidence of their wishes.

A healthcare proxy names a person as an “agent” to make healthcare decisions in the event that an individual becomes incapacitated. The agent must know the individuals wishes, values, and beliefs.

A living will outlines the healthcare wishes of an individual for unnamed family, friends, hospitals, and other healthcare facilities. Living wills specify wishes about life-prolonging procedures and other end-of-life care so that specific instructions can be read by caregivers when wishes are unable to be communicated.

For additional information, visit the New York State Department of Health Web site at www.health.state.ny.us/nysdoh/hospital/healthcareproxy or the New York State Nurses Association at www.nysna.org.