Well, New York’s Family Health Care Decisions Act (FHCDA) allows certain family members or close friends to make health care decisions for patients if they are unable to speak for themselves. But New York Public Health Law gives competent adults a proactive powerful way to control their medical treatment even after they lose decision-making capacity, by allowing a competent adult to appoint someone they trust to make medical decisions on their behalf in the event they become unable to do so. The FHCDA is not intended to take the place of appointing a health care proxy.
There are several disadvantages to relying on the FHCDA and choosing not to appoint a health care proxy. The law designates an order of priority for the person who can act as surrogate decision maker. The law may give authority to persons you would not want making health care decisions for you. Additionally, if you have several adult children, the law does not clarify which of your children have priority if they disagree. There are other limitations as well. It is best to have a Health Care Proxy that clearly designates the person that you wish to make crucial health care decisions for you, in the event you are unable to make decisions for yourself due to incapacity.
