Advance Directives

Most people have a vision for how their last days should be spent and how they should be medically treated. For your family, it is important to them that your wishes are explicitly followed. When you are not prepared for the unexpected, like incapacitation, your family is left reeling with the decision of what to do for you in your last days. We recognize that these issues are hard to discuss, but helping your family avoid the stress of making these decisions with uncertainty is best. Our compassionate and knowledgeable attorneys are ready to help you develop a plan that ensures that your wishes are honored and helps your family focus on healing. For a confidential consultation with our Rockland County Elder Law attorneys, contact The Lauterbach Law Firm.

New York advance directives

If you are not able to make decisions for yourself regarding your medical care, creating healthcare directives can help you ensure that your wishes are followed. A health care proxy takes effect only after your attending physician determines you lack capacity to make health care decisions, and under Public Health Law § 2983 that determination must be confirmed by a second physician. It is important to know that it also terminates if you regain capacity. There are several forms of advance healthcare directives, including:

• Healthcare proxy: Also referred to as a healthcare power of attorney or proxy directive, a healthcare proxy provides the authority for a single individual to serve as your healthcare representative.
• Living Will: A living will declares your wishes for your end-of-life care. It can establish whether you want artificial nutrition and hydration or if you wish to donate your organs.
• Combined directive: A combined directive appoints a proxy and outlines your wishes for medical treatment.

Executing A Health Care Proxy and Living Will

Executing a living will is a simple process with a simple form. Once complete, a living will should be signed and dated. New York has no living will statute, so its force depends on providing clear and convincing evidence of your wishes, and signing before two witnesses is standard practice for that reason. For a health care proxy, it is important to note that a person must sign this document in front of two witnesses, neither of which can be the agent or alternate agent. You may revoke your living will and health care proxy at any time. You can do this orally or in writing or by any act that clearly demonstrates that you wish to revoke the document. When making these important decisions, it is important to discuss your situation with an attorney who can ensure that all requirements are followed and these documents are durable in the eyes of the law.

What is an agent?

The agent is the person you choose to carry out your wishes and make decisions about your health care if you become incapacitated. You may choose almost anyone to act as your agent, including a close friend or family member. This person should be someone you trust to make these serious decisions. They should clearly understand your wishes and be willing to accept this significant responsibility. If you wish, you may want to appoint a second person to act as your alternate agent in case the first person is unable, unwilling, or unavailable to act for you. If you were to choose your spouse as your agent, a legal separation or divorce revokes your spouse’s appointment as agent unless you state otherwise, and any alternate agent you named then serves. There are some people who may not be chosen as your agent, including the administrator, operator, or employee of a hospital where you are a patient or resident unless you are related to them by marriage, blood, or adoption.

Who Should Have Copies of Your Directives

A directive no one can find will not be followed. Give signed copies to your agent, your alternate agent, and your primary physician, and ask that a copy be added to your medical record. Keep the original somewhere accessible at home rather than in a safe deposit box, which your family may not be able to open quickly. Bring copies with you to any hospital admission, and review your directives after a divorce, a move, or a change in your health.

Contact A Rockland County elder law attorney

The Lauterbach Law Firm is committed to preparing our clients for every possible outcome. Though it may be a discussion one would like to put off for as long as possible, it is important that your life ends on your terms. If you are interested in finding out more about how to plan for the unexpected, contact The Lauterbach Law Firm for a consultation.