2010 Articles

New York’s Family Health Care Decisions Act: The Legal and Political Background, Key Provisions and Emerging Issues

Swidler, Robert N.

NY’s Family Health Care Decisions Act (FHCDA) establishes the authority of a patient’s family member or close friend to make health care decisions for the patient in cases where the patient lacks decisional capacity and did not leave prior instructions or appoint a health care agent. This “surrogate” decision maker would also be empowered to direct the withdrawal or withholding of life-sustaining treatment when standards set forth in the
statute are satisfied. This article, written shortly after the FHCDA was enacted, describes the legal and political background of the FHCDA, its key provisions and emerging issues.