What is an Advance Directive?
Advance Directives are legal documents that allow individuals to convey their decisions about end-of-life care ahead of time. They provide a way to communicate wishes to family, friends, and healthcare professionals to avoid confusion later on. Morgan Legal Group, located in New York City, specializes in estate planning and can guide you through the process of creating these essential documents.
The Importance of Advance Directives
Advance Directives are crucial because they ensure that your healthcare preferences are known and respected if you become unable to communicate them yourself. This can prevent unnecessary suffering, reduce confusion and disagreements among family members, and give you peace of mind knowing that your wishes will be honored.
Types of Advance Directives in New York
Living Will
A Living Will is a document that specifies the types of medical treatment you want or do not want to receive if you become incapacitated. It covers scenarios like terminal illness, permanent unconsciousness, and severe brain damage. In New York, a Living Will is a critical component of your estate planning toolkit.
Health Care Proxy
A Health Care Proxy allows you to appoint someone you trust to make healthcare decisions on your behalf if you are unable to do so. This appointed agent will have the authority to make all medical decisions for you, ensuring that your healthcare preferences are followed.
Do Not Resuscitate (DNR) Order
A Do Not Resuscitate (DNR) Order is a specific type of Advance Directive that tells healthcare providers not to perform CPR if your heart stops or if you stop breathing. In New York, this order can be included as part of your other Advance Directives or created separately.
Creating Advance Directives with Morgan Legal Group
At Morgan Legal Group, we understand the complexities involved in planning for the future. Our experienced attorneys will help you create comprehensive Advance Directives tailored to your needs. Here’s how we assist you:
Step 1: Initial Consultation
During the initial consultation, we will discuss your healthcare preferences and any specific instructions you want to include in your Advance Directives. This meeting allows us to understand your values and ensure that your directives accurately reflect your wishes.
Step 2: Drafting the Documents
Our attorneys will draft your Advance Directives based on the information gathered during the consultation. We will ensure that all documents comply with New York State laws and meet your specific needs.
Step 3: Review and Finalization
Once the drafts are prepared, we will review them with you to ensure accuracy and completeness. We will make any necessary revisions and finalize the documents.
Step 4: Execution and Distribution
After finalizing the documents, we will guide you through the execution process, which includes signing the documents in the presence of witnesses. We will also advise you on distributing copies to relevant parties, such as your appointed agent, family members, and healthcare providers.
Why Choose Morgan Legal Group?
Morgan Legal Group has a proven track record of helping clients navigate the complexities of estate planning, including the creation of Advance Directives. Our team is dedicated to providing personalized service and ensuring that your wishes are clearly documented and legally enforceable. By choosing us, you benefit from:
- Experienced attorneys with extensive knowledge of New York State law.
- Personalized attention to detail, ensuring your directives reflect your true wishes.
- Comprehensive estate planning services, including Wills, trusts, and elder law.
Get Started Today
Don’t wait until it’s too late to plan for the future. Contact Morgan Legal Group today to schedule a consultation and start creating your Advance Directives. Our experienced attorneys are here to help you protect your rights and ensure your healthcare wishes are honored.
Frequently Asked Questions
What happens if I don’t have Advance Directives?
If you do not have Advance Directives in place, your healthcare decisions may be left to family members or healthcare providers who might not be aware of your preferences. This can lead to conflicts and decisions that do not align with your wishes.
Can I change my Advance Directives?
Yes, you can change or revoke your Advance Directives at any time as long as you are competent to do so. It’s essential to review your directives periodically and update them as your preferences or circumstances change.
Do Advance Directives need to be notarized?
In New York, Advance Directives do not need to be notarized. However, they must be signed in the presence of witnesses. Our attorneys will ensure that all legal requirements are met during the execution process.
How do I ensure my Advance Directives are followed?
To ensure your Advance Directives are followed, distribute copies to your appointed agent, family members, and healthcare providers. Discuss your wishes with them and keep a copy in a place where it can be easily accessed in an emergency.
As an estate planning attorney, one of the questions we are asked is, “What is an advance directive?” This term will come up several times as you plan your estate, and it helps to have an understanding of it.
Basically, an advance directive is a type of living will that spells out your wishes and desires regarding medical treatments when you are nearing the end of life.
However, it is important to know that an advanced directive is not used in place of you making your own medical decisions. If you can make decisions on your own, you will.
An advance directive is only used when you are unable to make medical decisions on your own or you fall into the state’s living will law, which commonly happens when you are permanently unconscious.
If you want to learn more about an advance directive, our estate planning attorney in NYC is ready to help – give Morgan Legal Group PC a call today.
Estate Planning Attorney: What Advance Directives Do
Several types of advance directives are available, and knowing which one you need can help you ensure your wishes are followed. Guidance from an experienced estate planning attorney is always recommended.
Two of the most common types of advance directives include the durable power of attorney and the living will.
Before you can choose an advance directive for your situation, you need to better understand what it does.
An advance directive includes instructions about health care decisions. For example, if you did not want to be resuscitated, this would be included in your advance directive.
You will find that your advance directive allows you to make decisions about your health if you cannot decide at the time. For example, your directive can document steps to be taken should you develop dementia or Alzheimer’s disease.
Lastly, suppose you suffer from mental illness or expect any problems to arise with mental illness. In that case, you can document how you want your medical decisions to be handled if you are unable to make them due to a psychiatric illness. (This type of advanced directive is called a psychiatric care directive.)
Tip: You must have all medical and advance directives written out and legally documented. While an oral advanced directive may be allowed, it is best to have the information on paper to ensure no issues arise.
Call Today to Speak with Our Estate Planning Attorney
An advanced directive is twofold in that it allows you to retain control of your medical decisions and guides others in knowing what you want, even if you are unable to make a decision at that moment.
Working with a skilled and experienced estate planning attorney in NYC is vital as advanced directives are complex. It is not recommended that you explore an advanced directive on your own.
If you want to learn more about planning your estate or creating an advanced directive, call Morgan Legal Group PC today at 212-561-4299.
