To some people, estate planning is all about drafting a will that contains how they want their assets to be shared, and who they want the assets to be shared to. However, what these people fail to understand is that estate planning is more than that. A good estate plan consist of series of legal documents meant for several purposes. One of those legal documents is a health care power of attorney.
Just like a will, a health care proxy or a health care power of attorney is an important estate planning attorney. Laws regarding the setting up of this document and its implementation varies for each state. In this article, we are going to look at the various health care proxy laws that exist in Bronx. However, before we do that, it is best we take a look at what a health care proxy is.
What is a Health Care Proxy?
A health care proxy is a legal document that allows an individual (the principal) to designate another individual who will make important health care decisions on his or her behalf during incapacitation.
Without a health care proxy, the court will step in and designate an individual to make those important health care decisions on your behalf. Thus, it is crucial that you set up or create a health care proxy before it is too late.
Health Care Proxy Laws in Bronx
- A valid New York Health Care Proxy Cannot Be Made by and Individual with a Mental or Medical Condition:
A valid NY health care proxy cannot be created by an individual who is plagued with a mental or medical defect which has affected their ability to understand things, such an individual would no longer be able to legally sign and draft a valid NY health care proxy.
That is why it is very vital to have a NY health care proxy created when an individual is in the right health condition, before an unfortunate incident happens to them. If an individual doesn’t meet the legal capacity standards to execute a health care proxy due to a mental or medical issue, it is too late to have one created.
But, in that particular situation, if a valid NY health care proxy hasn’t and cannot be created due to lost legal capacity, our elder law and estate planning attorneys can help bring an Article 81 Guardianship proceeding in Bronx so that a family member can be appointed as a guardian of the individual to make health care decisions on his or her behalf.
- An incapacitated individual needs a New York health care agent via the New York Health Care Proxy
This is very essential because if an individual is incapacitated, they will require a health care agent through a NY health care proxy or a NY Guardian of the person to legally make health care choices for the incapacitated individual.
That agent or Guardian is important in order to manage, coordinate, and consent to all medical choices, medical care, medical procedures, surgery, including anesthesia for the incapacitated individual who can no longer make decisions on his or herself.
Thus, having a valid New York Health Care Proxy is crucial as it gives the individual the right to select who they want to make those important health care decisions on their behalf.
That is why the individual must be proactive and have a health care proxy set up as part of their estate plan.
This will provide the family members with the right legal tools and leverage in order to properly assist and handle family affairs without going through a formal legal NY Guardianship proceedings.
Contact our office if you have questions regarding a health care proxy in Bronx, or if you need an estate planning attorney. Our probate attorneys are experienced and versed in matters regarding health care proxy and can help in setting up one for you.
