At some point in life, you may become incapacitated. This means you would be unable to communicate your desires about the medical treatment and end-of-life care that you wish to receive. To plan for this moment and ensure your treatment aligns with your wishes, consider preparing an advanced health care directive, or health care proxy, with assistance from an experienced Greenburgh estate planning attorney.
At Amoruso & Amoruso LLP, we can help design a health care proxy that stands the test of time so nobody is confused about your wishes. With more than 60 years of combined experience, our lawyers have a firm grasp of New York laws surrounding advance directives. They can structure a clear, concise document that ensures you only get medical care that aligns with your values and beliefs. Contact us today to schedule an initial consultation.
What Is an Advance Health Care Directive?
An advance healthcare directive, or health care proxy, is a legal document. The advance directive designates another person, or health care agent, to make medical decisions for you and communicate those wishes to your medical providers when you cannot speak for yourself.
It is never easy to think about such moments. However, having an advance health care directive is essential. If you should ever become incapacitated, the directive can ultimately make your wishes clear and make it easier for critical decisions to be made about your medical treatment and other affairs.
Keep in mind: The person you choose to be your agent should be one whom you can trust to make medical and end-of-life care decisions for you according to your wishes, religious and moral beliefs, and in your best interest, regardless of their own beliefs.
Our Signature Approach to Advance Directives in New York
Whether you are seeking to create an advance health care directive or revise an existing one, the attorneys at Amoruso & Amoruso LLP want you to have the peace of mind that comes with having a health care proxy that reflects your wishes. We urge you to have ongoing conversations with your designated agent about the medical treatments you want to receive under various circumstances.
Our law firm takes a unique approach to structuring health care proxies. We begin every document with a page emphasizing, “My agent knows my wishes.” We encourage our clients to revisit the document every five to 10 years or if a client’s priorities change. This strategy keeps the document fresh.
What Are the Different Types of Advance Health Care Directives in Greenburgh?
A health care proxy is the most common type of advance directive in Greenburgh. You should have one in place before you become incapacitated. Without one, under New York law, the decisions about your medical care typically will fall to your spouse, parent, or adult child, who may not share your views. Without being named as a health care agent, an unmarried partner has no right to make such decisions.
You also can grant your health care agent the authority to execute other important health-related documents such as the following:
- Disposition of Remains – This document appoints someone to decide whether your remains will be buried or cremated after your death.
- Do Not Resuscitate Order (DNR) – Discuss with your doctor whether or not you want them to perform CPR if your heart stops. If not, you should create a Do Not Resuscitate (DNR) order.
Your doctor may also discuss completing a Medical Order for Life-Sustaining Treatment (MOLST) form with you. In this document, your physician can record your preferences regarding CPR and other life support treatments. However, a MOLST form does not replace a health care proxy form in New York. You should still include your health care agent in these discussions.
I’m Young. Do I Really Need an Advance Health Care Directive in Greenburgh?
Yes. While it is crucial to consider how your health care decisions will be made in your senior years or after being diagnosed with a terminal illness, it is never too early to create a health care proxy in New York. The reality is that anyone can become suddenly incapacitated due to an accident or other type of crisis.
In fact, without a health care proxy naming a parent as an agent, the parents of a child who is age 18 or older cannot even speak with medical care providers concerning the child’s health condition or treatment. This is why anyone 18 or older needs to execute a health care proxy as soon as they become a legal adult.
Contact a Greenburgh Health Care Planning Attorney Now
At Amoruso & Amoruso LLP, our attorneys will guide you on your journey to building and maintaining a comprehensive estate plan for you, including working closely with you to prepare a health care proxy and other advance directives. Contact us today to learn how a Greenburgh estate planning lawyer can help you.
