Posted on March 17, 2009
Chapter 210: This chapter authorizes, on a demonstration basis, the use of a simplified advance health care directives form for exclusive use by persons with mental retardation and developmental disabilities. A duly appointed health care agent is not normally authorized to make health care decisions on a principal’s behalf unless and until the principal has been determined to lack capacity. In contrast, the advance health care directives form authorized for use pursuant to this chapter will permit an agent, during the demonstration period, to make health care decisions immediately upon his or her designation as the principal’s proxy. Furthermore, recognizing the value and need of a comprehensive dialogue between principal and agent, particularly within the mentally retarded and developmentally disabled communities exclusively impacted here, the form advanced by this chapter uses elementary school-level language and illustrations to educate such individuals about choosing a health care agent and the health care choices available to them. Thus furthering New York’s established public policy of ensuring that persons with intellectual and other developmental disabilities be granted the right to designate health care agents (Public Health Law § 2991), the simplified advance directives form can provide greater control and independence to individuals whose limitations might otherwise prevent them from making their health care wishes known. Signed by Governor Paterson on July 7, 2008, this chapter shall become effective upon the date of the approval and availability of the simplified advance health care directives form authorized by subdivision (e) of § 33.03 of the mental hygiene law. (S.7751-A/A.11054-A)
