Advance directives are documents you put in place ahead of time, that give authority to someone you trust (your “agent”) to act in situations where you are not able to do so yourself, or where you prefer to have your agent’s assistance. With locations in NYC, Westchester, and the NY metro area, Lamson & Cutner helps clients understand the value of using an advance care plan. Together, you and your attorney will evaluate various options for proactive planning.
Advance Care Directive Types
The Power of Attorney and Health Care Proxy are the key documents everyone should consider when planning for the future. These are discussed below, along with the Living Will advance directive and the DNR (“Do Not Resuscitate”).
- Power Of Attorney: A power of attorney is a legal document giving authority to a trusted agent to act on your behalf. Creating a power of attorney can ensure a family member or other trusted party will be able to manage your financial affairs, including insurance, tax returns, and many other areas of concern. With a power of attorney in place, it is usually unnecessary to seek guardianship or otherwise involve the courts.
- Health Care Proxy: A health care proxy is an advance medical directive authorizing someone else to speak for you, to make the medical and health care decisions you would have made if you were able to express them yourself.
- Living Will: A Living Will states your medical and health care decisions in writing. However, this document can become problematic because it is virtually impossible to avoid issues of interpretation and judgment that can lead to argument and dispute.
- DNR: A DNR is a medical order that must be signed by a doctor. It directs that the person named on the form does not want CPR performed if his or her heart or breathing stops.
Plan Strategically With the Help of a Skilled Elder Law Attorney
We don’t know what the future may hold. Incapacity could strike at any time. Planning proactively and working with an advance directive lawyer who can help you make strategic decisions can provide valuable peace of mind for you and your loved ones. Lamson & Cutner is committed to helping seniors and people with disabilities make thoughtful and deliberate Elder Law planning decisions so they can live their lives with comfort and dignity.
To learn more about planning with advance directives or to schedule a consultation, contact Lamson & Cutner today.
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