Medical Advance Directives

Advance medical directives appoint people to act in your place and on your behalf if you cannot. These documents ensure your medical wishes will be followed in case of your incapacity. In New York, there are generally three.

Health Care Proxy. A Health Care Proxyappoints someone to make medical decisions on your behalf and importantly, the way you would, if you are unable. A health care proxy generally remains in effect with no expiration date unless or until it is revoked or replaced which can be done at any time as long as the signer has the legal capacity to do so. In New York, only one agent can be appointed at a time though there is no limit to the number of successor agents one can appoint.

Because the Health Care Proxy instructs your agent to follow your wishes, it is extremely important that your agent knows your wishes.

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Living Will. A Living Will is neither about living nor is about your will. It actually is the document that allows you to specify your wishes for end of life medical care and artificial life sustaining  treatment in case a time comes that you cannot express those wishes. The Living Will can be revoked at any time as long as the signer has the legal capacity to do so. It is important to keep your Living Will up to date as medical technology changes because it often includes significant medical treatment details.

HIPAA Authorization A HIPAA Authorization allows your named agents access to private health information. Generally, this access is provided to anyone you have named to make medical and/or financial decisions for you in your other estate planning documents. It authorizes medical facilities & providers to release protected medical information to specific people. Like the other medical advance directives, the HIPAA Authorization can be revoked at any time as long as the signer has the legal capacity to do so.

To learn more about Advance Medical Directives or discuss your planning, please schedule an appointment with Keren or Jaime using their booking links below.

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