Senate Bill S3737

2011-2012 Legislative Session

Allows vesting of a health care proxy authority without incapacity of ward

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S3737 (ACTIVE) - Details

See Assembly Version of this Bill:
A5036
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§2981, 2982 & 2984, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11629
2013-2014: S2935, A4471
2015-2016: A1422

2011-S3737 (ACTIVE) - Summary

Relates to individuals allowing their health care agents' authority to vest immediately, without a determination of incapacity.

2011-S3737 (ACTIVE) - Sponsor Memo

2011-S3737 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3737

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to allowing an  adult
  to  opt  to  make  a health care agent's authority effective without a
  determination of incapacity

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The legislature finds that the health care proxy has proven
invaluable  as  a  means  for an adult to appoint a health care agent to
protect his or her wishes and interests in the event the adult loses the
capacity to make those decisions personally. Yet in  some  instances  an
adult  may  wish  the assistance of a health care agent even while he or
she still has decisional capacity. For example, an adult  who  finds  it
very  difficult  to  make  health care decisions personally because of a
chronic illness or disability may wish a trusted family member's assist-
ance in making some or all such decisions for him or  her,  even  though
the adult does not lack decision-making capacity.
  The legislature finds that allowing adults to opt to make their health
care proxy become effective immediately or upon some other event defined
by  the  adult,  as  opposed to only upon a determination of incapacity,
would enable adults to secure that  needed  assistance.  This  "enhanced
health  care  proxy" would also help patients overcome the reluctance of
some health care  professionals  to  share  health  information  with  a
patient's  family  member or friend, or involve such person in decision-
making, unless such person has effective authority under a  health  care
proxy.
  At  the same time, the legislature recognizes that health care provid-
ers must always involve an adult patient who has capacity in significant
health care decisions, even if the patient had empowered an agent to act
for him or her.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02456-01-1

              

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