Putnam County Living Wills Attorney
Allow Our Living Will Attorneys to Help You Secure Your Medical Future
Many New Yorkers only begin to worry about their medical concerns as they age, necessitating the need for them to create living wills. In truth, everyone who is at least 18 years old should consider creating a living will to ensure that any medical decisions made are in alignment with their wishes.
The Feller Group, P.C. is a Putnam County estate planning law firm dedicated to helping clients secure their medical future. Regardless of your situation, we can craft a custom legal strategy tailored to your specific needs. Contact our law offices today to schedule a free, 30-minute case evaluation to learn more about our legal services.
What is the Purpose of a Living Will?
The purpose of a living will is to define your wishes regarding end-of-life care clearly. A living will provides written instructions that can be used to direct your medical care should you be unable to do so for yourself. Living wills only provide clarity for the patient’s end-of-life care, whereas advance directives can designate a health care proxy to make medical decisions should the patient become incapacitated.
Some of the medical issues covered in a living will include whether you do or do not wish to receive life-sustaining measures such as resuscitation and artificial nutrition and fluids.
A living will is the most effective way to spare your family from the stress of having to guess as to your medical preferences and helps to avoid unnecessary disputes. If you have a health care proxy, they can use a living will, which is also considered a legal document, to help them make critical care decisions on your behalf.
It is also important to point out that having a living will is just one of several legal documents you should include in a comprehensive estate plan.
When Does a Living Will Take Effect?
Although there is no standard living will form in New York State, specific laws dictate when a living will takes effect. A living will becomes active when you are suffering from a severe medical condition and are unable to communicate your health care preferences.
Some common medical conditions that may necessitate the need for a living will to take effect include:
- A terminal illness
- A coma or deep vegetative state
- Irreversible brain damage
- Severe life-threatening injury that could require prolonged life support
- Late-stage dementia, where the patient is no longer capable of communicating or understanding their medical condition
Medical professionals can then utilize your pre-written instructions when performing end-of-life care. Due to the legal complexities involved in drafting a living will, anyone considering this option should consult with a qualified attorney to avoid complications should your living will need to be implemented.
What is the Difference Between a Living Will and a Health Care Proxy?
Many individuals are unsure of the differences between a living will and a healthcare proxy, as well as the potential effects they could have on their care. A living will provides medical professionals with written instructions regarding your end-of-life care preferences. In contrast, a health care proxy is your designated agent authorized to make medical decisions should you become incapacitated.
Similar to a living will, a healthcare proxy is also a legal document that allows the person of your choice to make medical decisions that may not be covered under the provisions of a living will. One of the most considerable benefits of having a health care proxy is that they can make critical medical decisions on your behalf that may not pertain to end-of-life care.
A health care proxy should always be included in a thorough estate plan so that your family has a clear understanding of who will act on your behalf. Additionally, take the time to consider who you wish to appoint as your healthcare proxy and who you trust to comply with your stated wishes.
What are the Legal Requirements Needed to validate a Living Will in New York?
Because a living will is a legal document, several requirements must be met to validate it. Failure to meet these legal requirements could invalidate your living will, making it challenging for your family to make critical decisions on your behalf.
Legal requirements needed to validate a living will in New York include:
- You must be of sound mind and capable of understanding your decisions when signing a living will
- Two adults who will act as witnesses must be present at the time of signing
- The two witnesses must be adults who can verify your identity and that you are competent at the time of signing
- The two witnesses must provide their personal information, including their names, addresses, and signatures on the living will
Although New York state law does not mandate that a living will be notarized, doing so could prevent future legal disputes. Once a living will is notarized, it will become “self-proving”, meaning that a court will accept it without having to verify its authenticity by contacting the witnesses.
Another point to consider when drafting a living will is to ensure that it aligns with any existing healthcare power of attorney or healthcare proxy that you may already have in place.
Do I Need an Attorney to Help Me Create a Living Will?
Because of the gravity and impact that a living will can have, anyone who is considering this option should always seek legal advice from a qualified attorney. One of the primary issues to be aware of is that the language contained within the living will should accurately reflect your wishes and comply with all applicable state legal requirements.
An estate planning attorney is familiar with the various nuances involved with drafting living wills, which is especially important if you have unique circumstances that could complicate your end-of-life care. Your legal representative will also ensure that the instructions contained within the document provide “clear and convincing evidence” to ensure they are honored by medical professionals.
The Feller Group, P.C. has a proven record of assisting clients with their end-of-life care needs and ensuring they feel confident in knowing they will be cared for according to their final wishes.
Contact Our Experienced Estate Planning Attorneys Today to Learn More About Our Legal Services
The Feller Group, P.C., acknowledges that planning for the end of your life can be emotionally challenging. We have extensive experience in all aspects of estate planning, including Medicaid planning and asset protection strategies, as well as drafting living wills for our clients. Our mission is to help Putnam County feel secure knowing they have thoughtfully prepared for what is to come.
If you have questions about creating a living will or other legacy planning needs, contact our law offices to schedule a free, 30-minute case evaluation. A skilled estate planning attorney will gladly sit down with you to advise you of your legal options and how we can assist you.