On February, 25, 2010 Gov. David Paterson of NY announced the passage of the Family Health Care Decisions Act(FHCDA). It is expected he will sign the bill into law shortly. The FHCDA enables family members and others close to an incapacitated person who is in a hospital or nursing home to make health care decision although the incapacitated person has not executed a health care proxy or other advanced directive. The FHCDA was first introduced into the legislature in 1993.
The legislation establishes procedures to determine whether a patient has the capacity to make health care decisions. If determined he or she does not , then a list of individuals including family members, domestic partners and close friends that is prioritized is given the decison making authority.
The surrogate decison makers can authorize medical treatment, including authorizing or witholding life sustaining treatment. The FHCDA does not apply to individuals who have developmental disabilities or who reside in mental health facilities.
I believe this may eliminate the need for the appointment of a court appointed Guardian for an incapacitated person who does not have an advance directive.
{ 1 comment }
