Experience Drafting Advance Medical Directives

Your Family’s Law Firm

When dealing with issues as personal as end-of-life health care planning, it is important to work with an attorney who provides more than just legal answers. These issues are far too personal to handle as purely legal considerations. You need a legal team who will help you understand the legal implications of your various estate planning options, but will also remain compassionate and conscientious of the sensitive nature of these issues.

An advance medical directive is a document that communicates your medical wishes for end-of-life health care needs for the possible event that renders you unable to communicate these issues yourself.

At Weinstein & Randisi, our Rochester advance medical directives attorneys bring experience and a commitment to personalized service to help all of our clients establishing advance medical directives. We use our more than 50 years of legal experience, combined with a commitment to our clients’ interests, to provide uniquely personalized and effective legal counsel and representation through the process of establishing advance medical directives.

Understanding Your Rights: Medical Decisions And Health Care Proxies In Rochester, New York

New York law recognizes that individuals have the right to make their own decisions about their medical treatment. This means you may specify whether you want to accept or refuse certain forms of medical care. 

These rights can remain secure through properly executed advance medical directives. A health care proxy can help ensure your medical wishes are followed.

In Rochester, appointing a health care proxy involves completing a legally valid form that names an adult you trust to act on your behalf if you become incapacitated. This person, known as your agent, must be at least 18 years old and should be someone you feel confident will honor and follow your directives. 

The form must be signed and dated in the presence of two adult witnesses, who also sign to confirm your capacity and intent. Once completed, the document should be shared with your agent, your estate planning lawyer, your physician and any relevant health care providers to ensure it is accessible when needed.

Understanding the difference between a health care proxy and a living will is essential for comprehensive planning. While both documents serve important roles, they function differently:

  • A health care proxy designates someone to make decisions if you are unable to do so.
  • A living will outlines specific medical treatments you wish to accept or decline.
  • A health care proxy allows for flexible decision-making based on real-time circumstances.
  • A living will provides clear instructions but does not appoint a decision-maker.

Including both documents in your estate plan can offer stronger protection and clarity. The health care proxy helps ensure someone can speak for you, while the living will provides guidance that supports your agent’s decisions.

Advance health care directives are much more than just legal documents. They are legally binding expressions of your values and priorities. By taking the time to understand your options and complete the necessary forms, you help ensure that your medical care always reflects your wishes. 

Our firm stands ready to assist Rochester residents in preparing thoughtful, legally sound health care proxies that provide peace of mind for you and your loved ones.

End Of Life Planning

Advance medical directives are an essential part of a comprehensive estate plan. These directives help you determine and communicate your wishes regarding a number of health care decisions that can arise regarding issues like:

  • Organ donation
  • Do not resuscitate (DNR) orders
  • Medical orders for life-sustaining treatment (MOLST) like breathing apparatus, feeding tubes and the like
  • The use of pain-killing medication

Although it can be difficult to address these sensitive issues, establishing an advance medical directive ahead of time can be a tremendous gift for your family. With a directive in place, your family will not have to make these difficult decisions for you or debate amongst themselves over the best course of action. They will thank you.

As your family’s law firm, we can talk you through these various decisions and help you understand your options. To schedule a free initial consultation with an experienced estate planning lawyer from Weinstein & Randisi, call 585-310-1578 (800-768-1780 toll free) or contact us online.