ALBANY, NEW YORK (BNO NEWS) – New York Governor David Paterson signed on Tuesday the Family Health Care Decisions Act (FHCDA) into law, the Office of the Governor announced.

The FHCDA allows family members to take health care decisions in behalf of patients who no longer have the ability to do so, including decisions about the withholding or withdrawal of life-sustaining treatment.

“After nearly two decades of negotiations, New Yorkers now have the right to make health care decisions on behalf of family members who cannot direct their own care,” said Governor Paterson.

A protocol for health care practitioners will be established in order to determine if a patient is able to make decisions. If not, an individual will be selected from a list that will include family members, domestic partners or close friends, in order of importance.

To avoid misuses, the FHCDA states that a life-sustainment treatment can’t be withdrawn or withheld from a patient, even if he has lost his decision-making capacity; unless clear and convincing evidence can be produced to show that the individual would have declined treatment if competent.

However this legislation does not apply to individuals without decision-making capacity who have developmental disabilities or who reside in mental health facilities. These cases are regulated by the previously enacted Health Care Decisions Act for persons with developmental disabilities.

New York is now looking to prepare a health care proxy, which allows an agent to make health care decisions on behalf of an individual in case he or she loses capacity. The proxy form can be tailored to give the agent as much or as little authority as the individual desires, and decision must be taken according to the individual’s wishes or best interests.