What Is An Advance Directive?
No one likes to think about their final years, but at the same time, having an estate plan is crucial, so that you can ensure your wishes will be honored. One part of an estate plan that often gets overlooked, however – particularly by younger people – is what is known as an advance directive. An advance directive is a multi-part document that lays out your choices for certain specific decisions, to be executed by a chosen agent, when you are no longer able to do so yourself.
Have Someone To Act For You
In New York, there are three main types of health care advance directives, and not everyone will require all three. The first is perhaps the best known; a healthcare proxy form allows you to choose an agent who will act for you when you cannot make your wishes known. The only requirements that a proposed agent must fulfill is being over the age of 18 and legally competent, so you may choose almost anyone you trust – though two doctors must confirm you are unable to make your own decisions before your healthcare proxy may act.
The second type is most often used by people with chronic conditions who may have faced medical emergencies before, or are likely to face one in the near future. There are two orders, each drawn up by a physician, that can govern your wish to continue or cease life-saving treatment if you are not expected to recover from an illness or injury. A Do-Not-Resuscitate (DNR) order is fairly self-explanatory, while a Medical Orders For Life-saving Treatment (MOLST) form will articulate the measures you would like to be used to prolong your life.
Living Wills
The third type of advance directive used in New York is a living will, and these documents can be very simple, very complex, or anywhere in between. Living wills are used to communicate a person’s wishes, just like the other types of advance directives, but are most often used in situations where a person needs to leave confirmed written evidence of their choices when it comes to end-of-life care.
There are two reasons why living wills are not just handy, but may be necessary. First, a healthcare agent may simply forget or become confused in the heat of the moment, and a written record of your wishes may be helpful as something to consult. Second, it is not uncommon for people to choose a person as their healthcare agent, despite having a sharp difference of opinion on one or more specific issues. If, say, you belong to a religion that does not believe in artificial resuscitation, but your healthcare agent does not, your wishes will prevail regardless.
Contact A Putnam County Advance Directive Attorney
End-of-life care is a touchy subject for many, but it is crucial to ensure that when the time comes, your wishes are respected. Creating an advance directive can give everyone involved extra peace of mind. A Mahopac advance directive attorney from Meyer & Spencer, PC can help you execute these important documents. Contact us today at (845) 628-0009 to schedule a consultation.
Source:
health.ny.gov/professionals/patients/patient_rights/molst/
