How to appoint a health care proxy in New York for someone in Herkimer County Correctional

3 min read ag.ny.gov
How to appoint a health care proxy in New York for someone in Herkimer County Correctional

A New York health care proxy lets your loved one name someone they trust - called a "health care agent" - to make medical decisions if they become unable to make those decisions themselves. For someone at Herkimer County Correctional, having this paperwork ready removes a lot of uncertainty. It makes clear who doctors should turn to if a serious medical situation arises and your loved one can't speak for themselves.

In New York, your loved one can complete a health care proxy form as long as they are 18 or older.

This form is how they designate the person they trust to act as their health care agent. That agent can then speak with medical providers and make health care decisions on their behalf if your loved one becomes unable to decide for themselves.

The agent doesn't step in automatically just because there's a medical issue. Their authority only begins when a doctor determines your loved one has lost the capacity to make health care decisions.

Note: If the decision involves withdrawing or withholding life-sustaining treatment, New York requires a second doctor to confirm the attending doctor’s determination of incapacity.

Once the agent's authority kicks in, they can make a wide range of medical decisions - including whether CPR should be attempted. Your loved one can limit that power in the form if they choose.

The agent can also decide about artificial nutrition and hydration, like whether to use a feeding tube. If your loved one has strong feelings about this type of care, those wishes should be discussed beforehand - and written into the proxy if they want the agent to have clear direction.

How to appoint a health care proxy in New York for someone in Herkimer County Correctional

Witness rule (New York): Two witnesses must watch your loved one sign the health care proxy form. The chosen agent and any alternate agent cannot be witnesses.

  • Use the official New York health care proxy form
  • Confirm your loved one is an adult (18+) before signing
  • Line up two qualified witnesses to watch the signature (the agent and any alternate agent cannot be witnesses)
  • Make copies after it’s signed
  • Give the agent a signed copy to keep

Practical Next Steps Questions for Facility

  • Get the official New York health care proxy form for your loved one to complete (they must be 18+)
  • Pick the health care agent (and alternate, if your loved one wants one) ahead of time so the form can be filled out cleanly
  • Arrange two qualified witnesses for the signing (the agent and any alternate agent cannot be witnesses)
  • Make several copies of the signed form
  • Give the agent a signed copy
  • Call Herkimer County Correctional to ask how they want you to deliver the document and whether they will place it in your loved one’s medical record
  1. Ask if the jail will accept a New York health care proxy - Confirm they recognize it and what they need to treat it as valid.
  2. Ask how to submit it - Find out whether they prefer it delivered by mail, dropped off, or sent another way.
  3. Ask where it will be kept - Request that it be placed in your loved one’s medical record if that’s an option.
  4. Ask who the point of contact is - Get the name or role of the staff member or office that handles medical paperwork.
  5. Ask what happens in an emergency - Find out how the facility contacts the agent if your loved one can’t make decisions.

Find an Inmate at Herkimer County Correctional, NY

Search for a loved one and send messages and photos in minutes.

Exact spelling helps find results faster

Free to search · Used by families nationwide
Woman using phone to connect with loved one

More from Herkimer County Correctional, NY