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: Why Should I Create An Advance Directive?
  A: 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 … 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

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