The New York State Health Care Proxy Law allows you to appoint someone you trust - for example, a family member or close friend - to decide about medical treatment if you lose the ability to decide for yourself. You can appoint someone by signing a form called a Health Care Proxy. If you have not appointed a proxy then, under New York State law, there is no one who becomes the proxy by default.

              Appointing an proxy lets you control your medical treatment by giving the person you select, your "health care agent," as little or as much authority as you want. You can allow your health care agent to decide about all health care options or only about certain treatments. You may also give your agent instructions that he or she has to follow. Your agent can then make sure that health care professionals follow your wishes. Hospitals, doctors and other health care providers must follow your agent's decisions as if they were your own.

              In order for your agent to make health care decisions for you about matters involving life-sustaining treatment, such as resuscitaion, the withholding of artificial ventilation, nutrition and hydration your agent must establish that the agent knows your wishes. The best way to establish this is to discuss your wishes with your agent and also to state those directives in a Living Will. Directives in Living Wills must be very specific, therefore, they are not flexible to changing conditions. Health Care Proxies are specifically authorized by New York Law while a Living Will is not.  By executing both a Health Care Proxy and a Living Will you would give your chosen health care agent the ability to demonstrate your desires to the health care providers.