No health care proxy

[gerard2006]

Jurisdiction

New York

Folks - can someone explain what occurs when somebody doesn't have a health care proxy assigned and is a widow? Does the hospital take instructions from her son on the care to be provided in NYS?

Thanks

 

[zddoodah]

can someone explain what occurs when somebody doesn't have a health care proxy assigned and is a widow? Does the hospital take instructions from her son on the care to be provided in NYS?

Typically, if a person is incompetent to make his/her own medical decisions and has no healthcare proxy, the medical provider(s) will look to the "next of kin," which usually means either the person nominated in a will to serve as executor or the person(s) who will inherit if the incompetent person dies without a will. If there's no spouse, then children would be next in line.

 

[army judge]

Folks - can someone explain what occurs when somebody doesn't have a health care proxy assigned and is a widow? Does the hospital take instructions from her son on the care to be provided in NYS?

Thanks

How might YOU be related to the alleged incapacited person?

 

[adjusterjack]

can someone explain what occurs when somebody doesn't have a health care proxy assigned and is a widow?

The staff will do whatever it takes to keep the patient alive.

Does the hospital take instructions from her son on the care to be provided in NYS?

Don't count on it.

If there is a crisis in the middle of the night, out comes the paddles and nobody's getting a phone call until it's over, one way or the other.

Been there.

 

[flyingron]

Here's an AMA Journal article on the subject: Who Makes Decisions for Incapacitated Patients Who Have No Surrogate or Advance Directive?

TL;DR summary: Mostly it is a physician's call unless something forces the issue to a guardianship.

I disagree with zd on this. Healthcare providers not going to involve themselves with researching wills.

 

[adjusterjack]

Healthcare providers not going to involve themselves with researching wills.

They aren't likely to look in the chart if the patient codes in the middle of the night.

 

[Zigner]

They aren't likely to look in the chart if the patient codes in the middle of the night.

Agreed - but if the patient has a DNR, it will be (should be) clearly posted and all attending personnel would be (should be) aware of it.

 

[adjusterjack]

but if the patient has a DNR, it will be (should be) clearly posted and all attending personnel would be (should be) aware of it.

It would have to be hanging over the bed in plain sight with a light pointed at it.

 

[Zigner]

It would have to be hanging over the bed in plain sight with a light pointed at it.

Yes - in fact it could be posted on the door as well, similar to patients who are a fall hazard.