HEALTH CARE PROXIES
As an alternative to living wills, New York has provided by statute a person's ability to designate a trusted relative or close friend to make health care decisions for them in the event of incapacity. By appointing a health care agent, you can make sure that health care providers follow your wishes, as hospitals, doctors, and other health care providers are usually required to follow your agent's decisions as if they were your own. You may give the person you select as little or as much authority as you want, either as to all health care decisions or certain ones. A health care proxy may be superior to a living will in that the hospital or nursing home will not have to "interpret" the living will. It may also make sense to have both a living will and a health care proxy prepared. .
POWERS OF ATTORNEY
A power of attorney is a legal document that allows a trusted relative or friend to act on your behalf in the event that you become incapacitated and/ or incompetent. This document can be general or specific in declaring what authority the person you designate has in representing you.
Make decisions now to protect your loved ones later. While no one expects disaster to fall, it does happen. Should you become incapacitated your family could be faced with tough decisions.You can remove some of the burden for them by providing legal documentation of your medical and financial preferences. A New York Living Will serves as an adjunct to your New York Will.
NEW YORK LIVING WILLS
Living Wills, also called Health Care Declarations, are documents which are prepared in order to provide guidance to hospitals and nursing homes as to a person's wishes regarding artificial nutrition, hydration, and the like, in the event that the person should become mentally incompetent or otherwise unable to communicate their wishes. In New York there is no special required or statutorily authorized form for a living will. It is therefore especially important that the living will contain specific and unequivocal instructions as to the person's wishes. A living will must be properly executed and two witnesses over the age of 18 must sign. These witnesses cannot be beneficiaries under the person's will.
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Disclaimer: The information on this website is intended to show general principles, and should not be relied upon for decision making without consultation with an experienced attorney as to your particular situation. Contact via email does not establish an attorney-client relationship.
Living Wills, Health Care Proxies and a Power of Attorney can save your family from having to make hard decisions should you become incapacitated.
