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New York Living Will

A New York Living Will Lawyer will tell you that if ever become seriously incapacitated or terminally ill, a Living Will with be a godsend for not only your but your family. This document is created to define a person’s specific plan as to how their health care will be handled if the even they are gravely ill or incapacitated in the hospital. The primary issue to be determined in a Living Will is whether a person wishes to be put on life support, and what type of life preserving measures should be taken. A Living Will is vitally important not only for the ill person, but for the family. Without a Living Will, a physician may call upon the family members to make very difficult judgment calls. These types of matters have been increasingly more common; the advancement in medical science is able to extend life like never before.

Living Wills give detailed instructions regarding medical treatment if an individual is in a persistent vegetative state, in a coma, or otherwise unable to communicate how she wants his/her medical treatment handled. Perhaps a person does not believe in being kept alive artificially, particularly if there is no hope of recovery. A Living Will stating this fact would give this person control over their own health care when they are unable to express their own wishes. As medical science extends life, these sometimes controversial cases are often seen in the news as “Right to Die” cases.

A Living Will is often confused with a Health Care Proxy. A Health Care Proxy varies from a Living Will in that a Health Care Proxy appoints a particular person to speak on your behalf. Some people opt to have both documents in place.

It is very important to have the guidance of a New York Estate Lawyer when you prepare Estate Planning documents such as these. In the case of the Living Will, in New York there are no specific statutes governing Living Wills. However the highest court in New York has upheld the use of Living Wills as long as they provide “clear and convincing evidence” of the person’s wishes. As there is no standard form required for these documents in New York, it is important that a clear and well thought out document is created, with considerations made for all different scenarios that could arise.

This is a document that while unpleasant to contemplate, is extremely important not only for you but for your loved ones. Failure to have your health care decisions clearly spelled out can lead to tragic circumstances. Health care costs could sky rocket, potentially draining your estate of money that you intended to leave to your loved ones. This document should be included as part of a comprehensive estate plan, and may also include a Last Will and Testament, as well as other important documents such as a Durable Power of Attorney or Living Trust. Having a well thought out estate plan is important not only for you, but the family you leave behind in some instances it can eliminate the need for a Probate proceeding. Contact an experienced New York Estate Lawyer from Stephen Bilkis & Associates, PLLC for guidance and a free case consultation. Contact us at any of our many New York offices, from Westchester County and Long Island, to throughout New York City, including Queens, Brooklyn and the Bronx. Contact us today for an appointment at 800.696.9529.

Client Reviews
Mr. Bilkis handled both my father and mother's estate issues through very difficult times he was compassionate kind and understanding. In fact the whole firm showed great empathy. Despite the emotional hard time we were having that quickly and efficiently handle all the matters that were necessary to get us the result we desired. Can't recommend them enough. B.B.