If a patient has been determined to lack capacity, then an agent under a Health Care Proxy can complete a Medical Orders for Life-Sustaining Treatment (MOLST) on their behalf.

A MOLST form is a document that was created by the New York State Department of Health to help physicians and other health care providers discuss and convey a patient’s wishes regarding cardiopulmonary resuscitation (CPR) and other life-sustaining treatment.

It is a physician’s directive to staff regarding end-of-life decisions that includes the necessary patient, agent, or surrogate consents and that is portable throughout New York State, which means that it will remain valid if the patient is transferred from one setting to another.

The MOLST is intended for patients with serious medical conditions who:

• Want to avoid or receive any or all life-sustaining treatment;
• Reside in a long-term care facility or require long-term care services; and/or
• Might die within the next year

If you are an agent under a loved one’s Health Care Proxy then you should be aware of the MOLST form and should speak with your loved-ones physician to confirm if your loved-one lacks capacity, and if so to determine if it is appropriate for you to complete the MOLST form.

Knowing what rights and responsibilities you have as an agent under a Health Care Proxy is extremely important when navigating through your loved one’s health care issues, and even more important when your loved one lacks the capacity.

Contact the Russo Law Group P.C. to discuss your situation.