http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-is-a-health-care-proxy.html 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 to act in your best interests regarding your health care if you lose the ability to make decisions about treatment for yourself. The document in which you appoint this person as your health care agent is called a Health Care Proxy. Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/can-anyone-refuse-to-provide-me-with-mental-o.html No. It is against the law for treatment providers to discriminate against someone because he or she has an Advance Directive. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/can-i-create-both-a-health-care-proxy-and-a-l.html Yes. If you complete a Health Care Proxy form, but also have a Living Will, the Living Will provides instructions for your health care agent, and will guide his or her decisions. Copies of your Living Will should be given to your health care agent. You will want to have your health care agent share the views expressed in the Living Will with your health care providers to make sure your wishes are understood. With both documents, if you include a statement of your preferences regarding your medical treatment, it will provide additional useful guidance. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/can-i-make-decisions-in-advance-using-an-adva.html 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 regarding whether or not to undergo involuntary psychiatric hospitalization in an Advance Directive. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/can-i-request-a-dnr-order.html Yes. All adult patients can request a DNR order. If you have not requested a DNR order and have not appointed a health care agent to decide for you, a family member or close friend can consent to a DNR order when you are terminally ill, permanently unconscious, CPR will not work (would be medically futile) or CPR would impose an extraordinary burden on you given your medical condition and the expected outcome of CPR. Anyone deciding for you must base the decision on your wishes, including your religious and moral beliefs, or if your wishes are not known, on your best interests. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/how-can-i-appoint-a-health-care-agent.html All competent adults can appoint a health care agent by signing a form called a Health Care Proxy. You don't need a lawyer, just two adult witnesses. However, because of the legal implications involved, it is suggested that you consult with a qualified estate­planning attorney before completing a health care proxy or any other advance care document. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/how-can-i-make-my-wishes-about-dnr-known.html During hospitalization, an adult patient may consent to a DNR order verbally or in writing, if two adult witnesses are present. When consent is given verbally, one of the witnesses must be a physician affiliated with the hospital. Prior to hospitalization, consent must be in writing in the presence of two adult witnesses. In addition, the Health Care Proxy law allows you to appoint someone you trust to make decisions about CPR and other treatments if you become unable to decide for yourself. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/how-do-i-create-an-advance-directive.html 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 with forms and information regarding Advance Directives as well. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/how-does-appointing-a-health-care-agent-empow.html Appointing an agent lets you control your medical treatment by: allowing your agent to stop treatment when he or she decides that is what you would want or what is best for you under the circumstances; and choosing one person to decide about treatment because you think that person would make the best decisions or because you want to avoid conflict or confusion about who should decide. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/how-does-creating-a-living-will-empower-me.html A Living Will serves to make your wishes and instructions known regarding your mental and physical health care, if you become incapable of making treatment decisions. Treatment providers should follow your specific instructions. The instructions you write in this document would be evidence of your expressed wishes in the event that your wishes are challenged in court. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/how-long-is-a-health-care-proxy-valid.html The Health Care Proxy will be valid unless and until you cancel it. In addition, you can require that the Health Care Proxy expire on a specified date or if certain events occur. If you choose your spouse as your health care agent and you get divorced or legally separated, the appointment is automatically canceled. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/how-long-is-a-living-will-valid.html The Living Will should be valid unless and until you revoke it. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/if-i-appoint-a-health-care-agent-how-much-aut.html You can give your agent as little or as much authority as you want. You can allow your agent to decide about all health care or only certain treatments. For example, you may appoint a health care agent to make decisions only about your mental health care. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/if-i-object-to-any-mental-health-treatment-wh.html 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 have the same rights regarding your present objection to treatment that you would have had if you made no Advance Directive. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/is-a-living-will-valid-in-new-york-state.html Unlike the Health Care Proxy, there is no specific law in New York that establishes Living Wills. However, the courts in New York have honored Living Wills that have established a person's wishes by "clear and convincing proof." That is, it must be shown that the person who has become incapable had previously given clear and specific instructions regarding a certain type of medical care or procedure. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/may-anyone-help-me-to-fill-out-the-advance-di.html 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 providers. A mental health peer advocate who has been trained to assist in preparing Advance Directives may also be helpful. However, you must make the final decisions and sign the Advance Directive. You cannot be forced to fill out an Advance Directive by anyone, including a family member or treatment provider. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/on-what-basis-will-a-physician-determine-that.html 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 the benefits, risks, and alternatives to proposed treatment, and then to make an informed choice. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/to-whom-should-i-give-copies-of-my-advance-di.html 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 professionals who routinely provide care to you, and to your family or friends. You may also want to give a copy to the hospital where you are likely to be treated if the need arises, and to keep a copy with your important papers. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-are-the-advantages-of-a-living-will.html If you have no one you can appoint to be your health care agent, or you do not wish to appoint one, yet you still want to make your wishes about your health care preferences known, a Living Will is a legally valid way of recording these instructions. This information will provide evidence of your wishes should you become incapable of making treatment decisions. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-are-the-advantages-of-creating-a-health.html The purpose of the Health Care Proxy law is to give a person of your choice the authority to speak for you when you are incapacitated to ensure that decisions regarding your medical treatment are made in accordance with your wishes, including your religious and moral beliefs if known to your agent, or, if your agent does not know your views, in accordance with your best interests. Therefore, a major advantage in appointing a health care agent through a Health Care Proxy is that you do not have to know in advance all the decisions that may arise. Instead, your health care agent can interpret your wishes as medical circumstances change and can make decisions you could not have known would have to be made. The Health Care Proxy is just as useful for decisions to receive treatment as it is for decisions to stop treatment. New York Estate Planning FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-are-the-disadvantages-of-a-living-will.html General instructions about refusing treatment, even if written down, may not be effective if they do not meet the "clear and convincing proof" test. Further, expressions of intent regarding unforeseen circumstances or new developments in technology cannot be reflected in a Living Will unless it is routinely updated. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-are-the-disadvantages-of-creating-a-heal.html It is very important that the person you choose to be your health care agent be an adult that you trust to protect your wishes and interests. If there is no such adult in your life, you may wish to consider a Living Will to provide guidance about your attitudes and preferences regarding your medical care. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-are-the-requirements-for-signing-and-wit.html You must sign and date a Health Care Proxy in order for it to be enforceable. You must include the name of your agent and state that you intend the agent to make health care decisions for you. You must sign the Health Care Proxy in the presence of two witnesses. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-are-the-requirements-for-signing-and-wit.html Because there is not a specific law that governs Living Wills, there are no exact requirements with regard to signatures and witnesses. However, it is recommended that you follow the requirements for signing and witnessing a Health Care Proxy when executing a Living Will. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-if-i-change-my-mind.html You or anyone who consents to a DNR order for you can revoke consent for the order by telling your doctor, nurses, or others of the decision. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-if-i-change-my-mind.html You should review your Health Care Proxy periodically to ensure that the document you signed still represents your current wishes. It is easy to cancel the proxy, to change the person you have chosen as your health care agent, or to change any treatment instructions you have written on your Health Care Proxy form. All you need to do is fill out a new form, or simply state that the Health Care Proxy is revoked. You should notify your agent, your attorney, your physician or any other health care provider, your family and friends, and anyone who has a copy, verbally and in writing, of your change or revocation. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-if-i-change-my-mind.html You should review your Living Will from time to time to ensure that the document you signed still represents your current wishes. You can change or revoke your Living Will by making a new one, destroying it, or simply stating that it is revoked. You should be sure to tell your treatment providers and your family and/or friends that you have revoked your Living Will. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-if-i-lose-the-ability-to-make-decisions.html A DNR order can be written if two doctors decide that CPR would not work or if a court approves of the DNR order. It would be best if you discussed your wishes about CPR with your doctor in advance. New York Estate Planning FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-if-my-health-care-agent-is-not-available.html You can appoint an alternate agent to decide for you if your health care agent is not available or able to act when decisions must be made. Otherwise, health care providers will make treatment decisions for you that follow instructions you gave while you were still able to do so. Any instructions that you write on your Health Care Proxy form will guide health care providers under these circumstances. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-is-a-do-not-resuscitate-dnr-order.html Cardiopulmonary resuscitation (CPR) refers to the medical procedures used to restart a person's heart and breathing when the person suffers heart failure. CPR may involve simple efforts such as mouth­to­mouth resuscitation and external chest compression. Advanced CPR may involve electric shock, insertion of a tube to open the patient's airway, injection of medication into the heart and, in extreme cases, open chest heart massage. A do­not­resuscitate (DNR) order tells medical professionals not to perform CPR. This means that doctors, nurses, and emergency medical personnel will not attempt emergency CPR if the patient's breathing or heartbeat stops. A DNR order is only a decision about CPR and does not relate to any other treatment. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-is-a-living-will.html A Living Will is a written document in which you, as an adult who is now competent, can express your wishes regarding your future health care in the event that you are unable to make health care decisions. You can also include a statement of your preferences and desires regarding medical treatment with your Living Will, which can provide a useful resource for your treatment providers. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-is-an-advance-directive.html 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 medical treatment. Because you prepare an Advance Directive when you are competent, it will be followed during periods of time when you lack capacity to make medical treatment decisions. There are several different types of Advance Directives, including a health care proxy, a living will, and a do not resuscitate (DNR) order. Each one of these is described in these FAQs. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-is-the-difference-between-a-living-will.html A Living Will is a document in which you can give specific instructions about your health care treatment, as well as express your attitudes and wishes about your health care. A Health Care Proxy is different because it allows you to choose someone you trust to make treatment decisions on your behalf in case you lose your decision­making capacity. With a Health Care Proxy, you don't need to know in advance what will happen to you or what your medical needs might be in the future. New York Estate Planning FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/what-is-the-purpose-of-a-health-care-proxy.html 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 decide how your wishes apply as your medical condition changes. Hospitals, doctors, and other health care providers must follow your agent's decisions as if they were your own. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/when-would-my-health-care-agent-begin-to-make.html Your health care agent would begin to make treatment decisions after doctors decide that you are not able to make health care decisions. If you regain capacity to make health care decisions, the health care agent's decision­making authority ends. As long as you are able to make treatment decisions for yourself, you will have the right to do so. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/why-should-i-create-an-advance-directive.html 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. New York Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/New-York/will-my-agents-decisions-be-honored.html All hospitals, doctors, and other health care facilities are legally required to honor the decisions by your agent, unless they obtain a court order overriding the decision. 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