In New York, a Health Care Proxy and a Living Will serve different but complementary roles in healthcare decision-making. Here's a table that outlines the key differences between them:
| Aspect | Health Care Proxy | Living Will |
|---|---|---|
| Definition | A legal document that appoints someone (a proxy) to make healthcare decisions for you if you are unable to make them yourself. | A legal document that outlines your preferences for medical treatment in specific situations when you are unable to communicate them yourself. |
| Purpose | To designate a trusted person to make healthcare decisions on your behalf. | To provide specific instructions regarding your healthcare preferences. |
| Scope of Authority | Broad authority to make healthcare decisions, including the refusal or request of life-sustaining treatment. | Limited to specific situations, generally end-of-life care or conditions where recovery is unlikely. |
| When It Becomes Effective | Becomes effective when a doctor determines that you are unable to make your own healthcare decisions. | Comes into play when you are unable to communicate and are in the medical condition specified in the document (like terminal illness or permanent unconsciousness). |
| Flexibility | Proxy can use judgment in making decisions, taking into account all current circumstances and known preferences. | No room for judgment or flexibility; it states specific actions to be taken under specific conditions. |
| Legal Requirements | Must be signed by two adult witnesses, and the proxy must not be one of the witnesses. | No specific legal requirements for creation, but should be in writing and clearly state your wishes. Witnesses add legal strength. |
| Revocation | Can be revoked at any time by the person who created it, as long as they are competent. | Can be revoked or amended at any time by the creator, as long as they are competent. |
Both Health Care Proxies and Living Wills are important in ensuring that your healthcare wishes are respected and followed in New York. It's often recommended to have both documents as part of your advanced care planning, as they complement each other and provide a comprehensive approach to future healthcare decisions.