When it comes to planning for the future, few things are as important as making sure your healthcare decisions are respected, even if you are unable to make or communicate them yourself. In New York State, advance directives play a crucial role in ensuring that your healthcare preferences are followed. Understanding the different types of advance directives available and how to implement them can provide peace of mind for you and your loved ones. With that in mind, the Long Island attorneys at Eghrari Law Firm discuss including New York State advance directives in your estate plan.
What Are Advance Directives?
Advance directives are legal documents that outline your preferences for medical care if you become incapacitated and unable to make or communicate decisions for yourself. These documents guide healthcare providers and your loved ones in making decisions to ensure that your values and wishes are respected.
Types of Advance Directives in New York State
Advance directives are governed by state law, meaning that which directives are recognized and what is required to create a directive will vary by state. The State of New York recognizes three primary types of advance directives, including:
- Health Care Proxy: A Health Care Proxy allows you to appoint someone (referred to as your “Agent”) you trust to make medical decisions on your behalf if you are unable to do so. This appointed person will have the authority to make healthcare decisions based on your wishes and their understanding of what you would want. It is crucial to choose someone who knows your values and beliefs, as they will be your voice when you cannot speak for yourself. A Health Care Proxy becomes effective as soon as your physician determines that you are incapacitated.
- Living Will: A Living Will is a written document that details your preferences for medical treatment in situations where you are terminally ill or permanently unconscious. It outlines the types of medical interventions you do or do not want, such as mechanical ventilation, artificial nutrition and hydration, and other life-sustaining treatments. A Living Will becomes effective when you are unable to make your own decisions, and your doctor confirms that you have an incurable condition and is often used in conjunction with a Health Care Proxy to ensure that your wishes are clearly understood and respected.
- Do Not Resuscitate (DNR) Order: A DNR order is a directive that instructs healthcare providers not to perform cardiopulmonary resuscitation (CPR) if your heart stops or if you stop breathing. In New York, there are two types of DNR orders: hospital DNR orders and non-hospital DNR orders. A hospital DNR Order is placed in your medical chart if you are admitted to a hospital or other healthcare facility while a Non-Hospital DNR Order is used when you are outside of a hospital setting, such as at home or in a nursing home.
Talk to your estate planning attorney about incorporating advance directives into your estate plan. Once you have executed your chosen directives, give an original copy to your appointed Agent and to other loved ones if you choose to help ensure that your wishes are honored if you become incapacitated in the future.
Do You Need Assistance Creating New York Advance Directives?
For more information, please join us for a FREE estate planning seminar. If you need help incorporating New York advance directives into your estate plan, contact the Long Island estate planning attorneys at Eghrari Law Firm by calling us at 631-265-0599 to schedule your appointment.
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