Types of Advance Directives
Advanced directives include such documents as a Living Will, Health Care Proxy and Power of Attorney. These documents provide a means by which a person can express their health care and property management desires and appoint someone to carry out those wishes.
These advance directive examples provide directions and named individuals who can express and advance a persons desires and intentions for their care and well-being when they are no longer able to make these decisions for themselves.
In New York, a Living Will is an expression of a person’s intent concerning life prolonging treatment. A person can state that they do not want such treatment or measures to be used if they are considered beyond help such as brain-dead.
New York law provides for a Health Care Proxy whereby a person can designate a person as an agent to make health care decisions if he or she is unable to do so for themself.
A New York Durable Power of Attorney allows a person to name an agent who can carry out a number of specifically designated property management powers concerning matters such as real estate transactions, banking transactions and tax matters.
In the event a person becomes incapacitated and has not put Advanced Directives in place, it may be necessary to have the Court appoint a Guardian to make health care and property management decisions. Guardianship proceedings can be complex and time consuming and a Guardian may not be fully aware of a person’s health care preferences and other desires.
Guardianship proceedings require that a hearing be held by the Court and that a person be found to be Incapacitated. Essentially, Incapacity occurs when a person is unable to handle their personal needs or property management due to some disability and because they do not appreciate or recognize their disability they may suffer harm. New York Guardianship Attorneys are aware that Article 81 of the New York Mental Hygiene Law contains the provisions regarding these Court proceedings. The person who commences or files the proceeding is called the Petitioner and the disabled person is referred to as the Alleged Incapacitated Person or AIP. The Court typically will appoint a Court Evaluator to review and investigate the facts and issues and to report the Evaluator's recommendations.
Regardless of the size of an estate, most adults — young and old — and their families benefit greatly from having a well-prepared estate plan consisting of documents such as a: Last Will, Health Care Proxy, Power of Attorney and Living Will. I have many years of experience working with and advising clients in the creation and implementation of plans that effectively express the clients’ personal desires regarding the disposition and protection of assets while providing potential tax advantages and security for family and beneficiaries. I was admitted to the New York State Bar in 1979 and admitted to the Supreme Court of the United States in 1982 after graduating in the top 10% of my class at The New England School of Law in Boston. I was admitted to the United States Court of Appeals, Second Circuit, and the United States District Court for the Southern and Eastern Districts of New York. I started my own law practice in New York City in 1985.
For a free initial consultation with me, call (212) 355-2575 or fill out my contact form.