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Moreover, in legal-administrative functions, the healthcare proxy is a legal instrument akin to a "springing" healthcare power of attorney. The proxy must declare the healthcare agent who will gain durable power attorney. This document also notifies of the authority given from the principal to the agent and states the limitations of this authority.
The following people are denied the ability to act as a health care surrogate: The client's treating health care provider; An employee of the treating health care provider, unless that employee is a relation of the patient; Owner, operator, or administrator of the patient's current health care facility
Wishes 3, 4, and 5 are unique to Five Wishes, in that they address matters of comfort care, spirituality, forgiveness, and final wishes. Wish 1 : "The Person I Want to Make Care Decisions for Me When I Can't" – This section is an assignment of a health care agent (also called proxy, surrogate, representative, or health care power of attorney ).
if the patient has executed a health care proxy as defined in article 29-C of the public health law, that any directions included in such proxy shall be taken into account by the court in determining the written treatment plan; and; the treatment plan set forth is the least restrictive plan that is most likely to benefit the patient. [14]
The Family Health Care Decisions Act [1] (the FHCDA) is a New York State statute that enables a patient's family member or close friend to make health care treatment decisions if the patient lacks capacity and did not make the decision in advance or appoint a health care agent. It also creates a bedside process to determine patient incapacity ...
The appointed healthcare proxy has, in essence, the same rights to request or refuse treatment that the individual would have if still capable of making and communicating health care decisions. [29] The appointed representative is authorized to make real-time decisions in actual circumstances, as opposed to advance decisions framed in ...
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