Why Should I Create An Advance Directive?

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Why Should I Create An Advance Directive?

Sometimes, because of illness or injury, people are not able to decide about treatment for themselves. You may want to plan in advance and create an Advance Directive to appoint a health care agent and/or make your wishes and instructions known regarding your mental and physical health care, so that these wishes may be followed if you become unable to decide for yourself for a short or longterm period. If you don't plan ahead, family members or other people close to you may not be allowed to make decisions for you or follow your wishes, and/or no one will know what treatment choices you may have preferred.

Other New York Estate Planning FAQs

Q: What Is An Advance Directive?
A: An Advance Directive is a type of written or verbal instruction about health care to be followed if a person becomes unable to make decisions regarding his or her … More
Q: How Do I Create An Advance Directive?
A: You can use the form and directions in this pamphlet or have an attorney create an alternative form for you. The New York State Department of Health can provide you … More
Q: Can Anyone Refuse To Provide Me With Mental Or Physical Health Treatment Because I Have Created An Advance Directive?
A: No. It is against the law for treatment providers to discriminate against someone because he or she has an Advance Directive.
Q: On What Basis Will A Physician Determine That I Am Incapable Of Making Mental And Physical Health Care Decisions?
A: Your capacity to consent to mental and physical health care is determined by your ability to understand the nature and consequences of health care decisions, including … More
Q: Can I Make Decisions In Advance Using An Advance Directive About Whether Or Not I Want Involuntary Psychiatric Hospitalization?
A: No. New York State Mental Hygiene Law Article 9 governs the admission of patients to a hospital for involuntary psychiatric care. You therefore cannot make decisions … More
Q: If I Object To Any Mental Health Treatment When My Advance Directive Is In Effect, Will My Objection Be Honored?
A: Your present objection to treatment will override the instructions contained in your Advance Directive and/or the decisions made by your health care agent. You will … More
Q: May Anyone Help Me To Fill Out The Advance Directive Form In These Faqs?
A: You may ask anyone you wish to help you fill out the Advance Directive form. You may want to discuss its provisions with your mental or physical health care treatment … More
Q: To Whom Should I Give Copies Of My Advance Directive?
A: You should give copies of your Advance Directive to your health care agent and alternate agent (if you have appointed them), to the treatment providers and health care … More
Q: What Is A Health Care Proxy?
A: A New York Law called the Health Care Proxy Law allows you to appoint someone you trust and who knows you well, such as a family member or close friend, who will agree … More
Q: What Is The Purpose Of A Health Care Proxy?
A: The Health Care Proxy Law gives you the power to ensure that health care professionals know your wishes regarding medical treatment. Your health care agent can also … More