New York Advance Directives Protect Your Rights
No one wants to ever contemplate that there may be a time when they cannot speak for themselves. However, the sad fact is that it does happen, and sometimes, it can happen without warning. It is crucial that, once you hit a certain age, you have plans in place to ensure your wishes can be communicated if you cannot convey them under your own power. This is where advance directives come in.
Many Different Possible Components
An advance directive is a written document, or multiple documents, conveying your wishes about certain aspects of future medical care, so that treating physicians are aware of your choices even if you cannot communicate them verbally. In New York, an advance directive can take many different forms, marrying many different potential components, but the document that is most often included is called a healthcare proxy. In this document, you name a person to carry out your wishes and, essentially, to speak for you if necessary.
In addition to a healthcare proxy form, most advance directives contain some combination of three other documents. They are:
- A living will should clearly stating your wishes and should be referred to by your healthcare proxy. In New York, case law establishes the validity of a living will if it conveys the patient’s wishes by “clear and convincing evidence;”
- A “DNR” order, with “DNR” standing for Do Not Resuscitate. In most cases involving a person whose heartbeat or respiration stops, medical personnel will automatically try to resuscitate them; a DNR order clearly and concisely conveys that you do not wish for this to happen. This document must be signed by your doctor and is for limited duration; and
- In some cases, a MOLST (Medical Orders for Life-Sustaining Treatment) form is used, particularly if the patient in question is not in a hospital setting. A MOLST form is primarily used by patients with serious conditions, and generally has a broader scope than a DNR. This too needs to be signed by your physician.
A Plan Is Vital
It is common for many people to be overwhelmed or intimidated by the prospect of both needing these documents and executing their contents. Many people cannot choose a healthcare proxy, worried about offending someone or choosing a person who will not act in their best interests. These worries are understandable, of course, but the alternative is for the state to choose your surrogate from a list contained in the Family Health Care Decisions Act (FHCDA), increasing the chances of the ‘wrong’ person being chosen even more.
It is best to take the time to go through your options for advance directives, and ensure that a plan is in place to ensure your wishes are respected. Family and friends can play a role if you allow it, but ultimately your care plan should reflect what matters to you the most. You may convey as much or as little authority to your healthcare proxy as you wish – but if you do not have an advance directive, the state may override your decisions.
Contact A Putnam County Estate Planning Attorney
The different parts of an advance directive are designed to help set a person’s mind at ease by giving someone they trust the authority to carry out their wishes if they cannot do so themselves. However, the process of planning your care – and your estate – can be daunting. A Westchester County or Putnam County estate planning attorney from Meyer & Spencer, PC can help answer your questions and manage your concerns. Call our office today at (914) 741-2288 to schedule a consultation.
Source:
casetext.com/case/matter-of-oconnor-40
