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Feel free to cut and paste portions that represent you feelings, and place them into your letters to you legislators. Currently, New York law allows family participation only if the patient has signed a health care proxy. New York is one of only three states where the families or close friends of mentally incapacitated patients do not have the automatic right to represent them in health care decisions. Instead only a health care agent who was designated by a patient prior to losing capacity, is legally allowed to make decisions. Despite educational efforts, many New Yorkers continue to believe they won't need a legal document to make medical decisions for a spouse, child or partner.