Attorney Advertising · Sponsored by Leitner Warywoda PLLC, New York trial lawyers Call (855) 585-2969
NY Nursing Home Resource Center
Menu

Health care proxy, MOLST and DNR: what do they mean in a New York nursing home?

The short answer

A health care proxy names an agent to make medical decisions if the resident cannot. A MOLST (Medical Orders for Life-Sustaining Treatment) is a New York form, signed by a practitioner, that turns the resident's wishes about CPR, hospitalization, feeding tubes and other treatment into medical orders the staff must follow. If there is no proxy, New York's Family Health Care Decisions Act lets a family member act as surrogate in a set order of priority.

The documents

  • Health care proxy. Signed by the resident while able, naming a health care agent. The agent's authority begins when the resident is determined to lack capacity. The agent is entitled to the medical information needed to make decisions.
  • MOLST. A bright pink New York form that records decisions about CPR, intubation, hospital transfer, artificial nutrition and other treatment as medical orders. It should be reviewed periodically and when the resident's condition changes.
  • DNR (do not resuscitate). An order not to attempt CPR. In nursing homes it usually appears on the MOLST. A DNR does not mean "do not treat"; the resident is still entitled to all other care.
  • Living will. A written statement of the resident's wishes, which guides the agent and the team.
  • Surrogate. If there is no proxy and no guardian, the Family Health Care Decisions Act sets an order of priority (generally a guardian, then a spouse or domestic partner, an adult child, a parent, a sibling and a close friend).

What families should check

  • Is a copy of the health care proxy in the chart, and does the facility have the agent's correct phone number?
  • Does the MOLST reflect what the resident actually wanted, and was it discussed with the resident or agent?
  • Was the MOLST reviewed after a hospital stay or major decline?

A power of attorney is different. It covers finances, not medical decisions. See does a power of attorney help.

The rules behind this

  • New York Public Health Law art. 29-C (health care proxy)
  • New York Public Health Law art. 29-CC (Family Health Care Decisions Act)
  • 42 C.F.R. § 483.10(g)(12) (advance directives)

This guide provides general information, not medical or legal advice. Rules change; confirm current requirements with the facility, the New York State Department of Health or a professional. Attorney Advertising.