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Advance Directives

What is an advance Directive?

 

An advance directive in New York is a legal document that allows you to make decisions about your medical care in case you become unable to do so in the future. This document can include a health care proxy, which names someone to make decisions on your behalf, living wills, which outline your wishes for medical treatments, and instructions for organ donation. By having an advance directive in place, you can ensure that your wishes are respected should you become incapable of making decisions for yourself.

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Why are Advance Directives Important?

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Advance directives are important because they document your wishes for medical care if you are ever unable to communicate those wishes yourself. They are an important part of making sure that your wishes are respected and followed, even if you are not able to communicate them. Without an advance directive, your family and medical team may have to make decisions about your care without knowing your wishes. Advance directives also allow you to appoint someone to make decisions on your behalf if you are unable to do so. This can be especially important if you are facing a serious medical situation. By having an advance directive in place, you can ensure that your wishes are respected and that your medical care is in line with your wishes.

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Types of Advance Directives?

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Living Wills

 

One of the first things that an elder law attorney learns upon entering the profession is the importance of Advance Directives – the forms that document a person’s health and financial wishes should they remain alive, but incapacitated. The most poignant of these declarations is Living Wills. A Living Will states your life-sustaining medical treatment wishes if you are unable to communicate them. A Living Will is a set of instructions to be followed. You have the power to control your care during life’s most difficult moments.

 

Powers of Attorney

 

Life continues even if you are experiencing a health crisis or a loss of function. Based on that premise, the Power of Attorney form is an Advance Directive that is a necessity. Bills have to be paid, checks written and financial records must be maintained. Without a Power of Attorney in place, your loved ones would be faced with limited options to take care of even the most basic transactions.  A Power of Attorney keeps a person’s financial life from falling apart.

 

Health Care Proxies

 

Choosing a Health Care Proxy means choosing the person who will speak for you when you cannot speak. Your Health Care Proxy will make your health care decisions when you are unable to. A Health Care Proxy can consent to or refuse medical procedures and treatments. It goes without saying that the person you choose should be someone close and trustworthy. They hold your life in their hands.

 

Properly drafted NYS Powers of Attorney, Living Wills, and Health Care Proxies ensure that the person/people of your choosing will manage your financial affairs and making the healthcare decisions for you that you would have made for yourself. Without these essential documents in place, your loved ones may be required to petition the court for guardianship.

 

At The Feller Group, P.C., we can assist you in creating comprehensive and legally sound documents. Doing so will give you the peace of mind knowing that, if the need were to ever arise, you will get the care you would have wanted – overseen by the people in your life you trust the most.

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Last Will & Testament

 

A Last Will and Testament is the most basic estate planning document. The creator of the Will (Testator or Testatrix) directs where they want their estate assets to go and in what percentage. Since many assets have a beneficiary or joint account holder there may be fewer probate assets. A named Executor or Executrix will be in charge of gathering any estate assets, completing any Probate documents, and overseeing their filing with the Surrogate’s Court. Wills may have “testamentary trusts” built-in to cover instances where a minor or disabled person may inherit assets, as well as other more specialized circumstances.

 

While wills can serve as powerful estate planning tools, they are only effective if they are properly drafted to suit the needs of each individual. The team at The Feller Group, P.C. is available to go over Will drafting options, choosing an Executor, and the Probate Process.

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You Can Choose the Executor of Your Estate

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The most essential person involved with the administration of your estate is the administrator or Executor. This is the individual you place in charge of your estate following your death. The Executor you choose will have the legal responsibility to handle and resolve all financial obligations as well as other responsibilities, which may include:

  • Paying bills

  • Maintaining property

  • Paying taxes

  • Distributing property

  • Appearing in court to represent the estate

 

The Estate Planning attorneys at The Feller Group, P.C. will work with you to help you appoint a primary Executor as well as a successor to ensure your wishes are carried out as you desire. If you fail to have a Last Will & Testament in place, the courts will appoint someone for you, known as an administrator, to handle your estate, and your assets will be divided according to state law (intestacy).

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Benefits of Estate Planning

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The benefits resulting from an estate plan in New York directly relate to why it is important to create and maintain an estate plan. Optimal benefits, however, manifest when you engage our estate planning attorney. We will discuss your wishes, financial situation, health concerns, and more, to develop a comprehensive estate plan suited for you.

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Some of these benefits include:

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  • Customized solutions – Our estate planning attorney tailors your estate plan to your specific needs, goals, and family dynamics, ensuring that your wishes are accurately reflected in legally binding documents.

  • Asset protection – We help shield your assets from potential creditors, lawsuits, and other threats, preserving your wealth for future generations.

  • Probate avoidance – With proper estate planning, we can help minimize or avoid the lengthy and costly probate process, allowing for the timely distribution of assets to beneficiaries.

  • Privacy preservation – By utilizing certain estate planning techniques, you can maintain the privacy of your estate, keeping personal and financial matters confidential.

  • Contingency planning – We assist in developing contingency plans for unforeseen events such as incapacity, ensuring that someone you trust is empowered to make decisions on your behalf.

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Why Hire our Estate Planning Team in New York?

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Some people attempt to use DIY estate planning using online templates. Though these may work for some, online templates can be confusing and do not offer the insight and customization that our estate planning attorney in New York offers.

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At The Feller Group, P.C., we have in-depth knowledge of estate laws, regulations, and tax implications. We stay updated with changes that may affect your estate plan and ensure compliance with legal requirements. Likewise, we provide personalized advice based on your unique circumstances, goals, and family dynamics. We are comfortable navigating complex scenarios, addressing potential challenges, and crafting customized solutions.

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While DIY estate planning often leads to errors, inaccuracies, and omissions that can have significant consequences, we help you avoid costly mistakes and ensure that your documents are legally sound and enforceable. We also collaborate with financial advisors, accountants, and other professionals to provide holistic solutions for your estate plan. We can coordinate efforts and ensure all aspects of your plan work seamlessly together.

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By entrusting your estate planning with us, you gain peace of mind knowing that your wishes will be carried out, and your loved ones will be protected. You can focus on living your life confidently, knowing that your legacy is secure.​​​

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