Understanding Healthcare Proxies and Living Wills New York State
In the case of a healthcare proxy, you have the authority to make decisions regarding your care as long as you are able to. The terms of your healthcare proxy document will specify when it takes effect. The care you have selected is then authorized by your agent. The healthcare agent may potentially refuse further care in accordance with the directions of your healthcare proxy as well.
Your healthcare agent's power may be revoked at any moment. You can adjust your healthcare proxy as needed if your plans or relationships change.
A living will is a legal document that outlines your desires for medical care. Although a living will is not required by law in the state of New York, the courts have accepted such documents as proof of your healthcare preferences.
This information can be beneficial to your agent, if you have one, and it is especially useful if your agent and alternate agent are unavailable or have died before you. You can express your preferences in a healthcare proxy, so you might not need a separate living will. If there is no one you can trust to act as your agent, though, you might want to utilize a living will.
If you Have a Power of Attorney or a Will do You Still Need a Healthcare Proxy or Living Will?
Yes, if you want to name someone to make health care choices on your behalf or to express your views on these decisions, you will also need a health care proxy or living will. Healthcare-related issues are not covered by powers of attorney. You can designate other decisions and activities that your agent under your power of attorney may take while you are still alive, but they will not be permitted to make decisions regarding your health care.
A will does not apply while you are alive since it does not go into effect until after your death.
