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Estate planning Archives

Family Healthcare Decision Act in the Absence of a Healthcare Proxy

When an elderly person is unable to manage his or her finances, daily necessities, and medical treatment, but refuses to execute a power of attorney or health care proxy to appoint an agent to assist him or her, a guardianship proceeding may be necessary. However, in regard to health decisions where there is no health care proxy, the New York State Family Healthcare Decisions Act provides a list of individuals who may act as a decision maker on behalf of a person who is institutionalized in a nursing facility, rehabilitation facility, or hospital. In order of priority, substitute decision makers are a:

Make Sure You Have a HIPAA Release Form

Oftentimes, loved ones will have a difficult time accessing an elderly person's medical information relating to any condition that he or she may have. A health care proxy designates an agent to act on someone's behalf in the event he or she becomes incapacitated and is unable to make decisions for themselves. A comprehensive Health Care Proxy may also include language that allows an agent to select physicians on the person's behalf.

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