Health Care Proxy & Living Will

When the Schiavo case appearing in the headlines, many clients contacted our office with questions concerning the removal of life support. The Schiavo case involves a conflict between parents and husband regarding the removal of a feeding tube which provided nourishment to Terri Schiavo for the last thirteen (13) years of her life.

In New York, the best interest of the patient are not formally recognized. Further, the families wishes or opinions are legally irrelevant. New York only recognizes a patients direct instructions. Absent written instructions the patients relatives must give clear and convincing evident that the patient would not have wanted life support before stopping life sustaining treatment.

New York's law allows a person to appoint someone to make health care decisions for them if they become unable to do so. A patient must fill out a separate form giving his or her proxy the authority to remove a feeding tube.

If you did estate planning with a Living Trust, you were provided with a Health Care Proxy and Living Will which directs the removal of tubes which are used for the administration of nourishment. If your estate planning did not include the Health Care Proxy and Living Will, this within information may be useful to you in choosing whether you need to address these options.