New York Living Will or Health Care Proxy: Do You Need Both?
There are many situations where you can find yourself unable to communicate your wishes regarding critical health care decisions. Through advance estate planning, however, you can make sure that your wishes are known to your health care providers and family members. You can also ensure that someone you trust is able to communicate with your doctors and make any decisions on your behalf.
A Living Will
A New York Living Will is a legal document that takes effect in situations where you have a terminal illness, or are otherwise in an end-of-life situation, and you cannot effectively communicate with your doctors. Essentially, a Living Will states whether or not you want extraordinary treatment, including cardiac or mechanical resuscitation, artificial nutrition and hydration, antibiotics, or maximum pain relief that may hasten death.
A Health Care Proxy
A New York Health Care Proxy is another type of legal document, separate and distinct from a Living Will, that appoints another person to act as your “agent” who can make health care decisions for you. This can include decisions to provide or remove life-sustaining treatments as described above. But like a Living Will, you can include your own specific instructions regarding treatment in a Health Care Proxy, which your agent and health care providers are bound to honor.
Is There a Conflict?
Ideally, your Living Will and Health Care Proxy work in tandem as your Advance Directives with respect to health care. You can and should have both documents as part of a complete estate plan. That said, it is important to note that a Health Care Proxy does not “override” or invalidate your Living Will. In other words, your agent under a Health Care Proxy cannot make end-of-life care decisions that conflict with your wishes as clearly expressed in your Living Will. Also note that you can specify in your Health Care Proxy what powers you do, and do not, want your agent to exercise on your behalf.
What If I Have a Power of Attorney?
An agent’s authority under a Health Care Proxy is similar to that of a New York Power of Attorney. These are, however, very different kinds of estate planning documents. A Power of Attorney is used to appoint an agent to manage property on your behalf. For example, if you are incapacitated and unable to act, a Power of Attorney allows your agent to access your bank accounts, pay bills, and even sell your property to help fund your care. Such an agent cannot exercise authority over your actual health care decisions unless they are also your Health Care Proxy.
Contact a Brooklyn Advance Directives Lawyer
When it comes to estate planning, it is important not to put off making key decisions until there is an emergency and you can no longer make your intentions clear. Our Brooklyn advance directives attorney can assist you in preparing any necessary documents. Contact Yeung & Associates, PLLC, today at 718-889-7568 to schedule a consultation. Our office speaks Mandarin & Cantonese in addition to English.