06/05/2026
If you were in the hospital and unable to communicate, who would make medical decisions on your behalf?
For many people, the honest answer is: they’re not sure.
A Health Care Proxy is the document that clearly answers that question. It allows you to name a trusted person to make health care decisions for you if you are unable to make or communicate them yourself. Without one in place, individuals may disagree about who should step in, and in some situations, a court proceeding may be required to resolve it.
A few important things to understand about this document:
• It only takes effect when you are unable to make or communicate your own health care decisions.
• It can be created by individuals 18 years of age and older who have the necessary legal capacity to establish the document.
• You can name your desired agents to act in your chosen ordering (ie: first agent, followed by an alternate agent, followed by a second alternate agent, and so on).
• The document can also have (or be separate from) a Living Will, which creates an understanding that agent(s) have authority to make decisions regarding end-of-life matters.
If you were admitted to the hospital tomorrow and couldn’t communicate, a doctor would need to speak with someone.
Without a Health Care Proxy in place, individuals may not agree on who that person should be, and New York’s default rules may not give authority to the person you would have chosen or who would be appropriate. As well, without a Health Care Proxy in place, the default rules generally apply only in hospital and certain hospice settings so that decision-making authority is much narrower.
If you don’t have a Health Care Proxy (and, potentially a Living Will) in place, or if yours names someone whose role in your life has changed, it’s worth reviewing.
https://wwwruthpgeorgelaw.com/practice-areas/estate-planning