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Health Care Proxy FAQ's
Advance Directive FAQ's |
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About Selecting An Appropriate "Advance Directive" |
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Which Type of Advance Directive is Right for You? |
Do you need a Health Care Proxy, Living Will, or Do Not Resuscitate Order (DNR)? |
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Ask yourself the following questions. They may help you make the right decision as to the appropriate Advanced Directive for you.
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| Q. If you were suffering from dementia, Alzheimer’s disease, in a coma or in a persistent vegetative state, would you want a trusted individual to make decisions about your medical care and treatment for you? |
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If your answer is "YES" to this question, you should consider having a Health Care Proxy, and appointing someone you trust as your Health Care Agent. Your appointed Health Care Agent will speak and decide for you only when you are unable to do so yourself.
If you answered "NO" to this question, you may want to consider a Living Will. Some people are uncomfortable about giving the power to make decisions to someone else, but still may want to provide instructions about their medical treatment and care.
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| Q. Even though you desire to appoint a Health Care Agent, do you still have strong beliefs and views about specific circumstances that you wish to express in writing? |
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If your answer is "YES" to this question, then you may want to have a Living Will and a Health Care Proxy.
If you are comfortable with discussing your beliefs and views with your Health Care Agent, and trust that he or she will follow your instructions, then you may wanty to forego the option of having a Living Will.
| Q. If you are asked to sign a Do Not Resuscitate Order (DNR), what does this mean? |
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A Do Not Resusciate Order (DNR) is a written instruction given by you that, if you stop breathing or your heart stops beating, you do not want to receive cardiopulmonary resuscitation (CPR). The DNR does not impact other forms of treatment that might be administered.
There are two different Do Not Resuscitate Orders (DNR) under New York Law. A Hospital and a Non-Hospital DNR.
The Hospital Do Not Resuscitate (DNR) is issued to you if you are in a medical or health care facility, e.g., nursing home facility, hospital or medical center, or a psychiatric or mental hygiene facility. Your Hospital (DNR) must be honored in the facility as well as by Emergency Medical Services personnel (EMS), such as ambulance paramedics, during transfer to and from a medical facility.
The Non-Hospital Do Not Resuscitate Order (DNR) is effective outside of a medical facility. Under New York Law, your Non-Hospital DNR must be recorded on a specific form. Emergency Medical Services cannot honor a Non-Hospital DNR order without seeing it in writing or on a DNR bracelet. |
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Medicaid Benefits Planning: "Is it Legal?" - "Is it Ethical?" |
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Copyright © Lamson & Cutner, P.C. |
9 East 40th Street, New York, NY 10016 |
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The New York Elder Law lawyers at Lamson & Cutner, P.C. encourage clients to call from the New York Metropolitan Area, including New York City's five boroughs of Brooklyn, Manhattan, Queens, Staten Island and The Bronx to discuss a Health Care Proxy, Advance Directive or NY Living Will.
The Elderly, Senior Citizens, the Disabled and Infirm, the Aging, their family members and friends from all Manhattan communities; from the Upper East Side to the West Side, from Washington Heights to Downtown, from Harlem to Midtown, from Chelsea to Chinatown, and from the Village to Soho are encouraged to contact an Elder Law attorney at Lamson & Cutner to plan for you, your family member or friends future. |
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