I. NEW LAW FILLS HEALTH CARE PROXY VACUUM
New York State allows competent adults to designate a health care surrogate by executing a Health Care Proxy form. However, only about twenty percent of individuals do so leaving the majority of patients without any way of having health care decisions made on their behalf should they become incapacitated. Thus the vacuum.
Recognizing
this, the Legislature passed the Family Health Care Decisions Act[1]
(FHCDA) that was signed into law by Governor Paterson and became effective
on June 1, 2010.
The FHCDA sets forth a default list of persons who are empowered to make health care decisions on behalf of an incapacitated patient. In the absence of a designated health care proxy, the following persons, in order of hierarchy, are authorized
to make health care decisions on behalf of a patient who lacks decision-making capacity:
§ Guardian appointed by law;
§ Spouse/domestic partner;
§ Son or daughter eighteen years of age or older;
§ Parent;
§ Brother or sister eighteen years of age or older;
§ Close friend.
While it may be comforting to know that someone is able to make health care decisions on your behalf, this development must be considered with caution. One must remain cognizant of the fact that the FHCDA categorizes the persons who may control your medical destiny. However it does not take into consideration your personal relationship with a particular person or that person’s concern and intent, or lack thereof, regarding your personal needs or interests. Consequently, you are best served by designating your own Health Care Proxy.
II. NEW DIVORCE LAW
On August 13, 2010, Governor Paterson signed into law an amendment to the New York State Domestic Relations Law that will become effective on October 12, 2010 adding a long anticipated new ground for divorce based upon irreconcilable
differences.[2] Prior thereto, many parties were forced to lie in order to obtain a divorce.
Although publicized as the introduction of “no fault” divorce to New York State, the reality is different.
Under the new law, a divorce may be granted if one party swears under oath that the relationship between husband and wife “has broken down irretrievably for a period of at least six months.” However, a divorce may not be granted until all ancillary
issues such as child custody, visitation and support, economic issues of equitable distribution of marital property, spousal maintenance and attorneys fees have been resolved by the parties or determined by the Court.