By The Law Firm of Figeroux & Associates
A living will is a critical yet often overlooked component of comprehensive estate planning. While many people focus on distributing assets after death, a living will ensures your healthcare wishes are honored if you become incapacitated. At Figeroux & Associates, we empower clients to make informed decisions about their future. Below, we break down the essentials of a living will, its importance, and how to create one.
Step 1: Understanding a Living Will
A living will (or advance healthcare directive) is a legal document that outlines your preferences for medical treatment if you cannot communicate due to illness or injury. Unlike a last will and testament, which addresses asset distribution after death, a living will focuses on:
- Life-sustaining treatments (e.g., ventilator use, CPR).
- Pain management and palliative care.
- Organ donation wishes.
In New York, living wills work alongside a Health Care Proxy, which designates someone to make medical decisions on your behalf.
Step 2: How It Differs from Other Estate Documents
- Last Will: Manages asset distribution after death.
- Health Care Proxy: Appoints an agent to make real-time medical decisions.
- Living Will: Specifies treatment preferences if you’re terminally ill or permanently unconscious.
Together, these documents create a safety net for your health and legacy.
Step 3: Why You Might Need a Living Will
Avoid Family Conflict
Without clear instructions, families may disagree about care, leading to emotional strain or legal battles.
Ensure Personal Wishes Are Respected
Medical staff must follow your directives, even if family members object.
Relieve Burden on Loved Ones
A living will spares relatives from guessing your preferences during a crisis.
Step 4: How to Create a Living Will
- Consult an Attorney: New York law requires specific language for enforceability. Our attorneys draft documents tailored to state standards.
- Outline Your Preferences: Decide on scenarios like terminal illness, coma, or dementia. Discuss options like tube feeding or DNR (Do Not Resuscitate) orders.
- Appoint a Health Care Proxy: Choose a trusted person to advocate for your wishes.
- Sign with Witnesses: In New York, two witnesses must sign your living will. It does not require notarization but benefits from it.
- Distribute Copies: Provide copies to your proxy, family, and healthcare providers.
Step 5: Legal Requirements in New York
- Health Care Proxy: Must be signed by two witnesses (cannot be your proxy).
- Living Will: While not statutory, courts honor clear, written directives. Combining it with a proxy strengthens enforceability.
- Updates: Revise your documents after major health changes, relocation, or shifts in personal relationships.
Step 6: When to Update Your Living Will
- Health Decline: New diagnoses may alter treatment preferences.
- Marriage/Divorce: Update proxies or beneficiaries.
- Legal Changes: Shifts in state healthcare laws.
Review your living will every 2–3 years or after major life events.
Step 7: Debunking Myths
- Myth: “Only the elderly need one.”
Truth: Accidents or illnesses can strike at any age. - Myth: “My family knows my wishes.”
Truth: Stress and grief can cloud judgment; written directives prevent ambiguity.
Conclusion: Secure Your Healthcare Autonomy
A living will is not about distrusting loved ones—it’s about empowering them with clarity. At Figeroux & Associates, we simplify the process, ensuring your voice is heard even in the worst circumstances.
Act Now
Don’t wait for a crisis. Contact us at 855-768-8845, text 718-986-4362, or visit www.askthelawyer.us to create or update your living will. Our Brooklyn office, located at 26 Court Street, Suite 701, is here to protect your peace of mind.
