[Fredslist] Important News for all New York Family Members

[sfzinder at aol.com]

To all Gotham New Yorkers - - 


You may or may not have known that New York was one of the few states that up until yesterday did not authorize family members by virtue of their status as close family members to make critical healthcare decisions regarding withholding or withdrawal of life sustaining treatment on behalf of patients who may have lost their ability to make their own decisions.  Yesterday, Governor Paterson signed legislation (known as the Family Health Care Decisions Act) that addresses this (and that took over 17 years of work by healthcare providers, patient advocates and others to get passed in New York).  For those of us in the know  - it is very exciting to finally have it in place.  It goes into effect June 1.


The legislation has provisions which may affect your thinking about any healthcare proxies or DNR orders you or your family members may already have in place.  I don't have a good summary of it from the family members' perspective but if I get one I will pass it on.   But keep in mind  - the best way to make sure your wishes are followed is to make sure they are known - talk to the people you would want to have make decisions for you if you were unable to.  Those conversations are even more important than writing up something that might be a "living will" as strict documents never quite address what the patient faces.   Make sure you tell your loved ones (and healthcare agent) your thoughts about quality of life, end of life, and life sustaining treatment under a variety of circumstances.  You never really know what may happen


In the meantime, if these are issues you are particularly concerned about now you may want to consult your NEW YORK elder law, healthcare law, or trusts and estates attorney.  New York law has been quirky in this area - make sure the lawyer is an in-state one.


Best, and hopefully this is something you won't need for a long time


Susan Zinder
(women's group)











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