Healthy people as well as the aging and infirm are well-advised to pay attention to the need for living wills, health care proxies, and powers of attorney. A health care statement, also referred to as a living will, enables a person to convey to his or her decision-maker the person’s preferences for care in the event of a terminal illness. By signing a Health Care Proxy, a person can name a trusted individual to speak on his or her behalf in the event that the person is unable to make his or her own desires known.
To schedule a consultation with a caring, established attorney regarding health care directives and durable powers of attorney in New York, contact Nobile, Magarian & DiSalvo, LLP, in Westchester County.
A health care proxy—perhaps your spouse, child, or trusted friend or family member—will have the power to act as your agent and speak to doctors about your desires in case you are incapacitated.
A health care proxy or agent is freed from the stress involved in group decision making at a difficult time for all your loved ones. He or she will be able independently to tell doctors what your wishes are. The health care statement documents your wishes, to confirm your verbal instructions to the proxy.
In what circumstances would you want a feeding tube and / or hydration tube to be administered—or to be removed? While such a circumstance can be painful to contemplate, the public battle endured by the family of Terry Schiavo after she became incapacitated in a persistent vegetative state, is a reminder of the importance of a health care directive for an adult of any age.
In addition to helping clients draft living wills, our lawyers assist with durable powers of attorney which give a designated person the power to buy and sell in your name, gain access to your bank account, and perform other legal functions which we ordinarily accomplish with our signatures. Some people prefer a second step and specify a third party such as a doctor or friend who will determine when the principal is incapacitated enough so as to warrant allowing the designated representative to begin to operate on the basis of the power of attorney.
Avoid the need for a guardianship in the event that you become unable to handle your own financial affairs or make your own financial decisions. Prepare a durable power of attorney; naming a capable, trustworthy agent who will act on your behalf should this become necessary if you are unconscious, missing, or otherwise unable to handle your own legal and financial affairs. Contact Nobile, Magarian & DiSalvo, LLP to schedule a consultation.