An Advance Directive includes several types of documentation meant to protect your medical wishes in a situation where you are debilitated or unable to make decisions on your own. The laws and policies vary in each state, so it is important to know and understand the rules in your state. As a guideline, advance directives can usually be categorized into three areas: Health Care Proxy, Living Will and Do Not Resuscitate (DNR) Order.
Health-Care Proxy In the state of New York, the Health-Care Proxy law allows you to appoint someone to make necessary medical decisions for you if you cannot do so yourself. This person is called your health care agent. The agent you choose should be someone who you trust to follow your requests in regards to your medical and end-of-life treatments. It is your decision how much power you want your health care agent to have. If you so choose, your agent can use their judgment and decide how your needs apply as your medical circumstances change. You may also provide specific instructions for that your agent can follow in certain situations.
The New York State Health Care Proxy does not take effect until at least two doctors have decided that you are unable to make decisions on your own.
Living Will The living will is a legal document that states the types of medical treatment you would like to receive at an end of life situation if you are incapacitated and unable to speak for yourself. You can put as much detail into as you wish. The living will take effect when your health care provider determines that you are incapable of making your decisions on your own and that your medical condition is terminal.
There are several things to consider when drafting your living will such as pain management, life-support, artificial feeding, and resuscitation. You should not only consider the treatment you want to receive but also the things that you do not want at an end of life circumstance.
DNR A Do Not Resuscitate Order communicates to your health care providers that you do not wish to be revived if you stop breathing or your heart stops. This document will take effect as soon as your doctor signs it. You may choose to have a separate DNR Order, or you can also write instructions in your living will or Health Care Proxy form.
It is very important to note that Advance Medical Directives are not only for those who are sick and elderly. All adults over the age of 18 should have these documents as anyone could have an accident or become unexpectedly injured or ill at any moment. By having documentation of your wishes, you gain more control over your care as well as ensuring that your doctors and loved ones will face no confusion or conflict on your behalf.
Get Help with Your Advanced Medical Directives
Rice Law Group specializes in advanced medical directives along with every aspect of estate planning. Work with a New York estate planning attorney who specializes in helping individuals plan for the future. Call us at (212) 944-1180 or fill out our contact form online.
