A new law in New York State allows loved ones to make end-of-life decisions. Governor David Paterson signed the bill Tuesday, giving family, guardians or partners the power to make medical decisions for incapacitated patients.

Until now, those kinds of decisions could only be carried out if someone has signed paperwork detailing their wishes or legally designating someone to act on their behalf.

The problem is that only 20 percent of patients have signed medical orders or proxies, which over the years has created some heart wrenching situations at the worst possible times.

It's the kind of situation none of us want to think about: We're terminally ill in a hospital bed or on life support after a catastrophic injury.

"There were family members who would anguish about the care and treatment that their loved one might have been getting, knowing full well that this is not what they might have wanted," said Dr. Brian Heppard, vice president of medical services for the Jewish Home of Rochester.

Heppard said in some cases it meant extended suffering. All loved ones could do was watch.

"They really did not have the legal power to do anything about it," said Heppard.

The Family Health Care Decisions Act changes that. Family members will now be able to make decisions based on the patient's best interests, even if that patient never filled out a proxy form.

"It's really an important piece of legislation that's been a long time coming in New York," said Heppard.

Dr. Patricia Bomba of Excellus BlueCross BlueShield was on hand as Governor Paterson signed the bill Tuesday, the end result of 17 years of work.

"It's a long time indeed," said Bomba. "It's well worth it and it's a great day for the citizens of New York."

Bomba said it took so long because of various issues and concerns. In that time, she said incapacitated patients without proxies were left with no voice in their treatment.

"Very often they were denied appropriate treatment that would really help them reduce suffering and improve quality of life," said Bomba. "Too often they were subjected to burdensome treatments that if hey had the ability to be asked they may not choose to do so."

Before a family member can decide to stop life-sustaining treatment, two doctors must independently conclude that a patient isn't expected to live for more than six months.

Heppard said even with the law in place, people should still fill out medical orders and/or appoint a proxy.

"There's no better way to specifically and clearly outline what you want if you're very very ill and can't make the medical decisions for yourself," said Heppard.

These forms can specify whether you want a do no resuscitate order, a do not intubate order, or a no feeding tube order. You can get the forms from your doctor, or by clicking on the New York State Health Department link below.

Even if you don't fill out a form, with the new law you should talk to family members about what your wishes would be if you were in a bad accident or had a terminal illness. It's not an easy conversation, but doctors say it's better to have it now so your family members have some idea of what you would want.

New York State Health Department Proxy Form
Compassion and Support Website by Excellus BlueCross BlueShield