Are you confident that your family understands your medical wishes if you can’t express them yourself? An advance health care directive — also known as a health care proxy — lets you document your preferences so your family won’t have to guess. This legal document can provide clarity and peace of mind if difficult medical decisions need to be made.
At Amoruso & Amoruso LLP, our estate planning attorneys have nearly 60 years of combined experience developing advance health care directives for New Yorkers. You never know when an unexpected accident or medical condition could leave you incapacitated. Through a health care proxy, you empower your loved ones with the tools necessary to advocate for medical treatment that aligns with your preferences.
Let us guide you through the process of creating a personalized advance health care directive. Contact us for an initial consultation with a member of our legal team.
What Is an Advance Health Care Directive?
An advance health care directive is a document that allows you to designate someone you trust, called a health care agent, to make medical decisions on your behalf. It only goes into effect when you face a serious health issue and cannot communicate with your medical providers.
Health Care Proxies
In New York, you must use a legal document called a health care proxy form to appoint your health care agent. You and two witnesses must sign the document. The person you select as your agent cannot be a witness.
The Amoruso & Amoruso LLP Approach to Advance Health Care Directives
Life circumstances can change at any time. So can your preferences for the types of life-saving measures and medical treatment you want to receive. At Amoruso & Amoruso LLP, we will help ensure that the health care agent(s) you choose in your health care proxy will have the ability to account for those changes.
The first step is having an in-depth conversation with your health care agent to discuss your medical and end-of-life preferences. Next, our lawyers will design a dynamic health care proxy form stating, first and foremost, that your agent knows your wishes. This statement may seem simple, but it makes all the difference. It tells family members and health care professionals that no matter what options may be available, you made informed decisions and communicated them to your health care agent.
Even with a dynamic document in hand, never consider your discussion with your health care agent a “one-and-done” deal. Expect to revisit your health care conversation with your agent(s) at least every five to 10 years, or whenever you change your mind about your medical preferences.
Though New York only allows you one health care agent at a time, you can select alternates who can be available if your designated agent cannot serve. Your alternates should also be included in your conversations regarding your preferences. Our advance directives lawyers can discuss the considerations you should make when contemplating crucial life decisions with you and your agent.
Why Families Should Have Advance Health Care Directives
Having an advance health care directive protects families from having to make difficult medical choices under stressful circumstances without guidance as to your wishes. It can also prevent disputes among your loved ones, who may have differing opinions about what you “would have wanted” if you were capable of making your own choices. An advance health care directive can also prevent potential legal disputes over medical care decisions. With professional help, you can avoid mistakes that could make your advance health care directive unclear or unenforceable.
Important note for parents: Your ability to make health care decisions for your child ends when they reach 18. Without a valid health care proxy naming one of you as your child’s health care agent, you have no legal right to their health information. For this reason, everyone over 18 should have a valid health care proxy.
Choosing the Right Health Care Agent
Selecting the right health care agent is an important decision. You want to choose someone you trust to respect your wishes. This person should be reliable, capable of making difficult decisions under pressure, and comfortable discussing medical issues with you and your doctors. You should choose someone who can communicate well with medical professionals and your family, especially in crisis situations.
Most importantly, select a person willing to set their own beliefs aside to follow your choices. Talk with your prospective agent before appointing them to ensure they feel comfortable with the duty.
When Should I Revisit My Health Care Preferences?
You should revisit your health care preferences whenever your medical or personal health circumstances change, or at least every five to 10 years. Significant life events, such as marriage, divorce, the birth of a child, or the death of your health care agent, could affect your choices and require a new conversation with your health care agent(s). You should also review and update your preferences if you experience a major health change, such as a new diagnosis.
If your views on medical treatments, like life support or organ donation, shift over time, you should alert your health care agent(s) to those changes to ensure that they know your current wishes.
Contact an Advance Health Care Directive Lawyer in New York
When you need to prepare for potential health changes or incapacity, a skilled estate planning attorney from Amoruso & Amoruso LLP can guide you so that your health care agents clearly understand your wishes and beliefs. When you meet with our lawyers, you will gain a comprehensive understanding of how advance health care directives work and how to make them enforceable in New York.
Past clients like Gilda C. can attest to the value of our legal services. She writes, “Amoruso & Amoruso were excellent in dealing with my and my mother’s concerns with her estate. They dealt with friction within the family with compassion, diplomacy, and reassurance.” When considering end-of-life matters, these qualities are crucial for any lawyer you choose.
Ready to get started? Call or contact us now to arrange your initial consultation.
