Healthcare Directives

In New York, the term advance directive refers to important legal documents that allow you to communicate your healthcare wishes if you become unable to make decisions for yourself. The two main types of advance directives are living wills and health care proxies, each serving a distinct but complementary purpose in your healthcare planning.

A living will is a written statement that specifies your preferences about medical treatments you want or do not want at the end of your life. This document becomes effective if you are diagnosed with a terminal illness, are permanently unconscious, or in a persistent vegetative state. It typically addresses interventions such as resuscitation, mechanical ventilation, and artificial nutrition or hydration, giving clear instructions on how you want to be cared for in these situations.

In contrast, a health care proxy allows you to appoint a trusted person—often called a healthcare agent or proxy—to make medical decisions on your behalf if you are unable to do so. This person is legally obligated to follow your treatment preferences to the best of their knowledge. If your wishes are not explicitly documented, the proxy will make decisions based on what they believe to be in your best interest.

The key difference between these two documents lies in their approach. A healthcare proxy provides flexibility by designating a decision-maker who can respond to unforeseen medical circumstances in real-time. Meanwhile, a living will provides specific instructions for particular medical scenarios but is limited to the conditions outlined in the document.

Both documents are revocable and can be updated at any time as long as you are mentally competent. When used together, a living will guides your healthcare proxy’s decisions, ensuring that your medical treatment preferences are respected no matter the situation.

At Schlessel Law, PLLC, we help clients in Long Island carefully prepare these critical advance directives to ensure their healthcare wishes are clear, legally sound, and honored. Our goal is to provide you and your family with peace of mind by planning ahead for the unexpected.

New York State has established specific legal standards to ensure that healthcare directives are valid and enforceable. For a living will to be recognized, it must explicitly outline your medical treatment preferences and be signed in the presence of two adult witnesses who are not related to you or financially involved in your care.

Similarly, a health care proxy form requires your signature along with the signatures of two adult witnesses. Importantly, the person you appoint as your healthcare agent cannot serve as one of these witnesses. While notarization is not mandatory under New York law, having your documents notarized is strongly recommended to strengthen their validity—especially if they may be used outside of New York.

At Schlessel Law, PLLC, we guide you through these legal requirements to ensure your healthcare directives are properly executed and respected when they matter most.

Your living will is more than a legal document—it’s a personal expression of how you wish to be treated in situations where you cannot speak for yourself. When tailoring your living will, it's important to reflect on your beliefs, values, and definition of dignity in medical care.

Think carefully about what quality of life means to you. Would you want life-sustaining treatments like artificial ventilation, hydration, or nutrition if there were little to no chance of recovery? Under what circumstances would you prefer to focus solely on comfort rather than prolonging life? These are deeply personal questions that deserve thoughtful consideration.

Also, consider your preferences for pain relief, palliative care, and spiritual or emotional support during end-of-life situations. The more specific you are in outlining your choices, the more guidance you provide to your loved ones and healthcare team—reducing confusion and helping ensure your wishes are honored exactly as you intend.

At Schlessel Law, PLLC, we work closely with you to ensure your living will is personalized, legally sound, and aligned with your values.

Choosing the right healthcare proxy is a vital step in ensuring your medical wishes are honored when you cannot speak for yourself. This person will be entrusted with making critical healthcare decisions on your behalf, so it’s important to select someone you trust—someone who understands your values, is emotionally capable of handling difficult situations, and can communicate clearly with medical professionals. Before naming your proxy, have an honest conversation to confirm they’re willing to take on the role and committed to respecting your preferences as outlined in your advance directives.

A well-prepared living will should clearly state your medical preferences to guide your care when you’re unable to express them. This includes specifying whether you would want life-sustaining treatments such as CPR, mechanical ventilation, or artificial nutrition and hydration. You may also want to include your wishes regarding treatments like dialysis or blood transfusions, as well as your stance on organ donation and posthumous procedures like autopsy. Being as specific as possible can prevent confusion or misinterpretation during a medical crisis. Working with a Long Island healthcare directives attorney can help ensure your instructions are detailed, legally valid, and aligned with New York State requirements.

As your life evolves, so should your healthcare directives. Events such as a new diagnosis, changes in your relationships, or shifts in your personal values may all warrant a review of your existing documents. Regularly revisiting your healthcare directive ensures that it continues to reflect your current wishes and provides clear guidance to your healthcare proxy and medical team. Under New York law, you have the right to amend or revoke your directive at any time, provided you have decision-making capacity and are acting voluntarily. By keeping your directives up to date, you help safeguard that your medical care aligns with your evolving preferences and circumstances.

Establishing a legally sound healthcare directive starts with a detailed consultation to explore your values, preferences, and specific concerns about future medical care. A Long Island healthcare directives attorney will guide you through each option—whether it's outlining your stance on life-sustaining treatments or selecting a trusted healthcare agent. Based on your input, the attorney will draft a personalized set of documents, including a living will, healthcare proxy designation, and any additional provisions needed to ensure your wishes are clearly defined and protected under New York State law. This personalized approach provides both clarity and peace of mind for you and your loved ones.

Even if you've previously created healthcare directives, periodic review is essential to ensure they remain accurate and legally effective. A Long Island healthcare directives attorney can carefully examine your existing documents to confirm they still align with your current medical preferences and life circumstances. Whether your health has changed, your appointed healthcare agent is no longer available, or the law has evolved, a skilled attorney can advise on and implement necessary updates. Regular reviews help prevent confusion or disputes down the line, ensuring your healthcare wishes are honored exactly as intended.

Conflicts may surface when family members disagree on the interpretation or validity of a healthcare directive. In these emotionally charged situations, having skilled legal representation is essential. A Long Island healthcare directives attorney can step in to advocate for your stated wishes, defending the integrity of your documents and protecting your rights. Whether addressing claims of undue influence, lack of capacity, or procedural errors, an experienced lawyer can navigate the legal system to ensure your healthcare preferences are respected and upheld in court.

Once your healthcare directives have been properly prepared and signed, it’s vital that they are both securely stored and readily accessible in times of need. A Long Island healthcare directives attorney can guide you on effective storage solutions—ensuring your documents are protected from loss or damage, yet easily retrievable by your healthcare proxy or medical providers in an emergency. Many attorneys also offer secure, centralized document storage services to help facilitate timely access when every moment counts.

By providing not only legal drafting and representation but also dependable document management, a Long Island healthcare directives lawyer ensures that your healthcare choices are respected without delay or confusion. This comprehensive approach gives you and your loved ones the reassurance that your directives are in trusted hands and that your wishes will be honored in accordance with New York law.

A Durable Power of Attorney for Health Care is a legal document that empowers you to appoint a trusted individual—known as your agent—to make medical decisions on your behalf if you become incapacitated. In New York, this authority is often established through a Health Care Proxy, which serves a similar purpose. The term “durable” means that this power remains in effect even if you lose the ability to make decisions for yourself. Selecting the right agent—someone who truly understands and respects your healthcare preferences—is essential. Working with an experienced attorney ensures that your Durable Power of Attorney for Health Care complies with New York laws and clearly reflects your wishes.

Healthcare directives, such as a Living Will, are essential tools that provide clear guidance during end-of-life care. These documents help ensure that your healthcare providers and loved ones make decisions consistent with your values and preferences regarding treatments like life support, resuscitation, and mechanical ventilation. In Long Island, explicitly stating your wishes in your healthcare directives is crucial to avoid confusion, family disagreements, or unnecessary medical interventions. Experienced New York estate planning attorneys can assist you in crafting a comprehensive Living Will that anticipates various medical situations and guarantees that your choices are respected when it matters most.

Incapacity can occur on a temporary or permanent basis, and it’s important that your healthcare directives address both situations clearly. Temporary incapacity might result from surgery or an accident that leaves you unconscious for a short time, while permanent incapacity could stem from chronic conditions such as dementia or other irreversible illnesses. Your directives should specify how you wish to manage your care in each case—whether that involves rehabilitation efforts, long-term care plans, or the use of life-sustaining treatments depending on the expected duration and severity of your condition. A knowledgeable estate planning attorney can help you carefully draft a healthcare directive that covers both scenarios, ensuring your wishes are honored no matter the circumstance.

For residents of Long Island and throughout New York, having detailed and legally sound healthcare directives provides reassurance that your medical care will reflect your preferences even when you cannot communicate them. Working with an experienced attorney to create or update these documents is a vital part of comprehensive incapacity planning.