FAQs Advance Directives

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Health Care Proxy and other Advance Directives in New York

What is an Advance Directive?

An "Advance Directive" is an instruction given by you concerning the medical treatment or care that you would want - or would not want - should circumstances arise where you are no longer capable or competent to give such an instruction. Advance Directives are the best way to ensure that your express wishes for health care are known and honored.

An Elder law attorney at Lamson & Cutner will explain all of your available options and provide you with a clear explanation of the implications of your decision. Call the NYC lawyers at Lamson & Cutner who will advise and assist you with the following advance directives.

•Health Care Proxy

Living Will

•Living Will with a Health Care Proxy

Do Not Resuscitate Order (DNR)

What is a Health Care Proxy?

In New York State, the law allows you to designate an individual as a "healthcare agent". Your healthcare agent should be someone you trust to make decisions about your medical treatment and care when you are unable to speak for yourself or are incapable of making such decisions yourself. A New York Health Care Proxy is the document that allows you to designate your healthcare agent.

Your Health Care Proxy also allows you to write down your desired medical treatment decisions in advance, if you are an adult 18 years or older. Your healthcare agent's authority to make decisions about your medical treatment and care on your behalf begins when your doctor determines that you are incapable of making your own decisions.

Living Will

A New York Living Will allows you to write down instructions that express your wishes regarding health care, especially about end-of life care. A Living Will does not contain your designation of a healthcare agent; you must use a Health Care Proxy in order to name an agent.

You may use a Living Will in conjunction with a Health Care Proxy. This will allow you to express your desired health care wishes and name a health care agent. Click here to learn more about a New York Living Will.

There is no specific form for a Living Will in New York, and generally Lamson & Cutner does not recommend a Living Will to its clients. Because of the large number and variety of medical and health problems that could arise, it would be extremely difficult to write a Living Will that takes all possibilities into account. A Living Will can thus become subject to varying interpretations or dispute. For these reasons, Lamson & Cutner generally recommends the use of a Health Care Proxy, if the client is comfortable that her healthcare agent will know her preferences and direct medical and health care in her best interests.

Do Not Resuscitate (DNR)

A Do Not Resuscitate Order (DNR) only expresses your wish to do without cardiopulmonary resuscitation (CPR), i.e., the emergency treatment to restart your heart and lungs if either your heart or lungs stop functioning. These are the only instructions that are provided to care givers through a Do Not Resuscitate Order (DNR).

Click here for frequently asked questions and answers about Advance Directives. These Advance Directive FAQs can help you begin to determine the course of action that meets your needs. Senior citizens, the disabled and their families and friends from the NYC Metropolitan Area are invited to contact Lamson & Cutner, P.C. and feel comfortable and confident that their lawyers will advise you on any of the above mentioned matters with compassion and understanding. You may also call the firm Toll Free at 1 (866) 524-1818.


Copyright © Lamson & Cutner, P.C.
9 East 40th Street, New York, NY 10016
84 Calvert Street, Harrison, NY 10528

The Health Care Proxy attorneys 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 the implementation of an advance directive.

Disabled and Infirm as well as Senior and Elder Citizens, and the Aging, their friends and family members from Bayside to Far Rockaway, from Forest Hills to Kew Gardens, from Cambria Heights and all communities in Queens County can call Lamson & Cutner, P.C. to ask a lawyer about establishing a Health Care Proxy.