Agudath Israel Opposes Change in New York Health Care Proxy Law

Under current New York law, a health care agent (someone appointed by an individual to make health care decisions for that person should he or she become incapable of making their own health care decisions) does not have the legal authority to order that nutrition and hydration should be withdrawn from a patient unless they know or are reasonably certain that this is something the patient would have wanted. However, there is a new bill, S. 4967/ A. 2634, which would give health care agents the authority to make decisions to withdraw nutrition and hydration from a patient, which would result in that patient dying of starvation and dehydration, in the total absence of knowing whether the patient would in fact have wanted this.

Agudath Israel has circulated a legislative memo opposing this change. The Agudah’s memo states that food and water are basic human needs and should not be withdrawn from patients, and that death by dehydration and starvation is one of the most painful ways for a human being to die. To allow a health care agent to order such a death for an incapacitated and helpless patient who can no longer speak for themselves, without any evidence whatsoever that the patient would desire such a death, is morally unconscionable. Furthermore, the memo states that “our Jewish tradition places a premium on the value and sanctity of life, and every moment a life can be prolonged is precious.”

In addition, the memo references a similar amendment proposed to a different law which was passed a number of years ago, that governs what authority health care surrogates should have. (A surrogate is someone designated by law to make health care decisions for a patient who is incapacitated and cannot make health care decisions for themselves, where the patient did not appoint a health care agent.) That amendment also sought to change the law to enable surrogates to withhold nutrition and hydration from a patient and Agudath Israel strongly opposed it at that time. The Agudah memo states that just as that previous amendment was morally a terrible mistake, so too would be giving health care agents the authority to withdraw nutrition and hydration from patients without knowing what the patient would have wanted. The Agudah urged members of the State Legislature to vote against the bill.