Power of Attorney/ Health Care Proxy
Advance Directives in New York
Serving Clients in New York City and the New York Metropolitan Area
Creating Advanced Directives, Powers of Attorney, and establishing a health care proxy are important tools to ensure that your wishes regarding your finances and health care are respected — even when you may no longer be able to speak for yourself. These documents allow you to appoint trusted agents to handle your affairs and specify your wishes for various financial, legal and health care measures. Using Advance Directives will provide you — and your family — with tremendous peace of mind.
Essential Advance Directives Include:
- A Durable Power of Attorney (POA) allows you to designate a trusted person to manage financial affairs in the event that you are incapacitated. NOTE: New York State has recently introduced a new Power of Attorney form. The new form is much clearer and provides powerful gifting options and powers needed for the later years, including asset protection, Medicaid planning, and estate tax avoidance.
- A Health Care Proxy designates an agent to make any and all health decisions if you are unable to act on your own behalf. These include everything from routine care choices through end of life decisions.
- A HIPAA Release allows you to designate someone to access your medical records and other information your doctors may have. This information must be held completely confidential by federal law. A HIPAA release is extremely important to help your agent have essential information when needed to make good care choices.
- A Living Will specifies the kinds of health care measures you want taken if you become seriously ill with little hope of recovery. This includes resuscitation orders and instructions regarding artificial nutrition and dehydration.
- Disposition of Remains and NYS Burial Designation allows you to appoint an agent to carry out your burial and funeral choices, including cremation.
- A nomination of Guardian proposes a Guardian in advance if the Courts require this formal protective process.
- MOLST (Medical Orders for Life-Sustaining Treatment) allows you to specify your preferences regarding CPR, intubation and ventilation, artificial hydration and nutrition, future hospitalization and antibiotics. The (often bright pink) form must be completed and signed by a New York State licensed physician.
Selecting an the Agent for these important positions needs to be done with care. Our firm can help you select the proper person for these roles and instruct you and your Agent how to execute and properly use these legal documents.
All of the above documents should be part of your retirement planning, as it is the time you may need to rely on others to assist you.
If you fail to properly execute these planning documents, you may not get a second chance. Let the Grimaldi Yeung Law Group help you get your legal documents updated, signed, and in order to insure your wishes are respected.