Shipman & Goodwin LLP September 12, 2006 Health Care Representatives – Changes in the Law Effective October 1, 2006 SUMMARY OF P.A. 06-195: Effective October 1, 2006, a new surrogate decision maker for health care decisions will be recognized in Connecticut as a result of the legislature, in effect, combining the role of the “Power of Attorney for Health Care Decisions” set forth in Connecticut General Statutes Section 1-54a with the role of the “Health Care Agent” set forth under Connecticut General Statutes Section 19a-575 (the “Living Will Statute”). As of October 1, 2006, the new surrogate decision maker will be known as a “Health Care Representative” and will be able to make routine health care decisions along with end of life decisions. BACKGROUND: Under current law, Section 1-54a of the Connecticut General Statutes, routine health care decisions (but not decisions involving the removal of life support) may be made for a patient by an individual acting under a signed Power of Attorney for Health Care Decisions. Decisions regarding removal of life support (but not routine decisions) may be made by a Health Care Agent in a written statement signed by the patient pursuant to Sections 19a-575 or 19a-577 of the Connecticut General Statutes.
Shipman & Goodwin LLP September 2006 NEW LAW: UNDER P.A. 06-195, WHICH GOES INTO EFFECT OCTOBER 1, 2006: Sections 19a-575 and 19a-577 are amended to permit an individual to name one person as a Health Care Representative, to make both routine health care decisions (those that had previously been reserved for the holder of the Power of Attorney for Health Care Decisions) and decisions regarding removal of life support of the patient (those that had previously been reserved for the Health Care Agent). Section 1-54a of the Connecticut General Statutes, which defined the health care decision making powers granted by a Power of Attorney, is repealed. A person is no longer permitted by statute to delegate the power to make health care decisions using a Power of Attorney. When the wishes of an incapacitated patient are not clearly expressed in the patient’s health care documents, under the new legislation, the Health Care Representative is permitted to make decisions in the best interest of the patient based on what is known about the patient’s wishes. The delegation of authority to a Health Care Representative may be revoked in writing, signed by the patient in the presence of two witnesses and any revocation known to the health care professional must be made part of the patient’s record. However, a health care professional who acts according to an appointment of Health Care Representative that has been revoked unbeknownst to him/her shall be held harmless. (Note that the revocation of a living will has not changed under the new law; a patient is permitted to revoke his or her living will at any time and in any manner, without regard to mental or physical condition.) PRACTICAL EFFECT: The practical effect of this new law is that patients will soon be presenting one document appointing a single person as a Health Care Representative to make all health care decision for that patient rather than two documents appointing one person to make routine healthcare decisions and a different person (or the same person named in a different document) to make life and death health care decisions. 2
Shipman & Goodwin LLP September 2006 It should be noted that an individuals are likely to continue to present the old forms, granting Power of Attorney for Health Care Decisions and naming in a separate document a Health Care Agent for removal of life support. These forms are still acceptable and should be honored. Thus, the new legislation does not prohibit patients from continuing to use both a Power of Attorney for Health Care Decisions form and a Health Care Agent form, provided these two documents were signed prior to October 1, 2006. The link to P.A. 06-195 (see sec 87) effective 10/1/06: http://www.cga.ct.gov/2006/ACT/PA/2006PA-00195-R00SB-003170PA.htm QUESTIONS? If you have any questions, please do not hesitate to contact Joan Feldman at 860-251-5104, Alex Lloyd at 860-251-5102, John Lawrence at 860-251-5139, Maureen Anderson at 860-251-5589, or Jeri Barney Reutenauer at 860-251-5108. 3
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