Health Care Proxy & Living Will
In New York State, a health care proxy and living will often go hand in hand. They are separate legal documents that could significantly impact the amount and type of medical treatment you receive if you are unable to make decisions about them due to incapacitation.
A living will is a legal document that outlines how you want to be medically treated should you become incapacitated and are unable to express these preferences to medical professionals. A living will can address any of the following matters:
- end-of-life decisions
- health care in the event of incapacitation
- life-sustaining treatment
- do not resuscitate orders
- types of medication
- inclusion or exclusion of treatment options, depending on diagnosis
Health Care Proxy
A health care proxy is another legal document that appoints a “health care agent,” who is authorized to make health care decisions for you in the event of incapacitation. Without a health care proxy, state law may empower a surrogate to make health care decisions for you in the event of incapacitation. Under New York Public Health Law Article 29-C, the health care agent receives this decision-making power when a physician declares that the person who executed the proxy, referred to as the “principal,” “lacks capacity to make health care decisions.”
How We Can Help
Many people make the mistake of attempting to combine a health care proxy and living will into a single document. Consult with a Tully Rinckey PLLC elder law attorney to secure peace of mind in knowing your end-of-life treatment wishes will be honored. For over 15 years, Tully Rinckey PLLC Partner Darren M. Swetz has been helping New Yorkers execute health care proxies and living wills. Without a health care proxy or living will, an incapacitated patient may receive medical treatments they oppose but are prescribed by law. Call Tully Rinckey PLLC in Syracuse, N.Y. and let one of our elder law attorneys prepare for you a living will or health care proxy.
Call a Tully Rinckey PLLC elder law attorney in Syracuse, N.Y. We can represent individuals throughout Central New York, including Syracuse, Cicero, North Syracuse, Manlius, Liverpool, East Syracuse, Cazenovia, Baldwinsville, and DeWitt. To schedule a meeting with an elder law attorney, call 315-492-4700 or e-mail firstname.lastname@example.org. Click here to view a video about our consultation process.
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