Manhattan Living Wills Attorneys – Health Care Proxy

HELPING CLIENTS PLAN FOR THE UNEXPECTED 

More than half of Americans don’t have a Last Will & Testament (Will), but even fewer have a living will. Many people believe that the chances of needing a living will are slim and don’t take the time to create one. However, if you are ever unable to let your care providers know how you want to be treated in a medical emergency, a living will is an invaluable tool.

A living will can ensure that your wishes are known if you aren’t able to speak for yourself and is a crucial part of your overall estate planning strategy. If you need help creating a living will or aren’t sure what it should include, call the Law Offices of Vlad Portnoy P.C.

WHAT IS A LIVING WILL?

A living will is a document that outlines your wishes for your medical care if you aren’t able to make decisions yourself. Just like a last will and testament explains what you want to happen to your assets after you die, a living will details what you want to happen (like your health care decisions) while you’re still alive. This document can help your doctors and care team make decisions about treatments, procedures, and medications, including advance health care directives and decisions regarding artificial nutrition and hydration.

It’s common for people to believe that a do-not-resuscitate order is enough, but the truth is that many medical decisions can arise that don’t involve life support or resuscitation. A living will ensures you’re prepared for those instances as well.

WHAT IS THE DIFFERENCE BETWEEN A HEALTH CARE PROXY AND A LIVING WILL?

A living will and a health care proxy are both documents that deal with making medical decisions if you are incapacitated, which means they are easy to confuse. However, these two documents serve different purposes. A living will expressly communicates your wishes for medical treatment and care in the event you are unable to voice those decisions for yourself.

A health care proxy, on the other hand, names someone to be in charge of making those decisions on your behalf. This is usually a spouse, adult child, other family member, or close friend. They would be your health care agent. 

While it’s always a good idea to communicate your wishes to whoever you name as your health care proxy so they know what you want, they are able to make whatever decisions they see fit when the time comes. For example, if you don’t wish to be put on life support, the health care proxy can decide to keep you on life support if they believe it is best.

It’s generally best to have both a living will and a health care proxy in place. This allows your wishes to be known and appoints someone to make any decisions that aren’t covered in the living will. If you have questions about either of these documents, an estate planning attorney can help.

DOES A LIVING WILL HAVE TO BE WITNESSED?

A medical emergency that leaves you incapacitated enough to not be able to make decisions is very serious. And it’s common for loved ones to struggle during this time — especially if the decisions you’ve outlined in the living will don’t match up with what they want to do. This is why it’s so important for estate planning documents to be correctly filled out and witnessed to ensure there’s no confusion or questions about their legitimacy.

To be recognized as a legal document, a living will must be witnessed by two adults in the state of New York. It must include their names, addresses, and signatures. It does not, however, need to be notarized. This means that you are able to create or amend a living will anytime as long as you have two people who are willing and able to witness the document. The other provision for a living will in New York is that it must include “clear and convincing evidence” of your wishes. Working with an estate planning attorney can help ensure that your living will is created in a way that leaves no room for doubt.

WHAT TYPES OF DECISIONS SHOULD BE INCLUDED IN A LIVING WILL?

A living will can be as detailed and inclusive as you want it to be, and the types of decisions included depend on your current health and anticipated future needs. For example, someone who is generally healthy but wants to be prepared for an unexpected accident or trauma may outline their wishes for resuscitation efforts, feeding tubes, and organ donations.

For individuals with specific medical needs, more detailed instructions might be necessary. For instance, someone facing kidney issues or a serious medical condition may want to include their preferences for end-of-life treatments and hospice care.

A living will can also be highly beneficial for people with certain mental health conditions. Someone diagnosed with bipolar disorder who has a history of hospitalization might use a living will to communicate their wishes when they are not able to make decisions themselves. In this case, the living will may specify preferences such as which hospital to go to, preferred doctors, and medications. This can be extremely helpful, ensuring that treatment decisions are aligned with their known responses to various medications.

WHAT HAPPENS IF I CAN’T MAKE MEDICAL DECISIONS FOR MYSELF AND I DON’T HAVE A LIVING WILL?

Every state has its own laws regarding what happens if a person is incapacitated and doesn’t have a living will or named health care proxy. In New York, the decision-making authority will be given to the closest family member who can be located. If no one is available, the medical team will make decisions based on their best judgment and standard care procedures for the illness or injury.

While your health care providers will do their best to provide the highest quality care and make decisions in your best interest, they do not know your personal wishes. Having a living will — and a health care proxy — provides peace of mind, ensuring that your preferences are known and respected if you are unable to communicate them yourself.

Plan for Peace of Mind with the Law Offices of Vlad Portnoy P.C.

Make sure that you’re as prepared as you can be for what may lie ahead. Contact the Law Offices of Vlad Portnoy P.C. to speak to a member of our team about creating a living will to ensure you’re covered if the worst happens. Call our NYC office to schedule a free consultation and find out how our firm can help with your estate planning needs.