As a spouse in New York, you might assume you have the automatic right to make medical decisions for your husband or wife if they become incapacitated. However, the reality is more complex. Let's explore the legal landscape surrounding this critical issue.

The Importance of a Health Care Proxy

In New York, having a health care proxy is the most reliable way to ensure you can make medical decisions for your spouse. Without this legal document:

• You don't automatically have the right to make decisions

• Your spouse's wishes may not be clearly known or followed

• Other family members might challenge your decisions

A health care proxy allows your spouse to designate you as their agent for medical decisions. This document gives you clear authority and can include specific instructions about treatments.

What Happens Without a Health Care Proxy?

If your spouse is hospitalized without a health care proxy, the Family Health Care Decisions Act (FHCDA) comes into play. This law provides a framework for selecting a surrogate decision-maker when a patient lacks capacity.

The FHCDA Process

Under the FHCDA:

1. Doctors must first determine that the patient lacks decision-making capacity.

2. A surrogate is then selected from a priority list, with spouses at the top.

3. The surrogate must make decisions based on the patient's known wishes or best interests.

The Surrogate Priority List

1. Spouse or domestic partner

2. Adult child

3. Parent

4. Sibling

5. Close friend

While spouses are first on this list, it's important to note that this only applies in specific healthcare settings and after a formal capacity determination.

Key Considerations

1. Limited Scope: The FHCDA only applies in hospitals, nursing homes, and for hospice care decisions.

2. Potential Conflicts: Without a health care proxy, other family members might contest your role as decision-maker.

3. Unknown Wishes: As a surrogate, you may struggle to determine your spouse's preferences if they were never discussed.

4. Legal Protections: The FHCDA includes safeguards to protect patients' rights, including the right to object to capacity determinations or surrogate selections.

Conclusion

While you may be first in line to make decisions for your hospitalized spouse under the FHCDA, you don't automatically have this right in all situations. The most secure way to ensure your ability to make these crucial decisions is through a health care proxy. As a New York resident, it's advisable for both you and your spouse to establish health care proxies. This proactive step can provide clarity and peace of mind, ensuring that your wishes are respected and reducing potential conflicts during already stressful medical situations.