Living Will:   

    In addition to a Health Care Proxy , another document, known as a Living Will, is used to plan future health care choices. The Health Care Proxy and the Living Will are called advance directives.

      A Living Will sets out medical treatments you choose to have, as well as the procedures or treatments you do not want to have in some or all circumstances. Note that a Living Will is different than a Last Will and Testament. A Living Will is instructions for your doctor, while you are still alive. A Last Will and Testament is instructions to your personal representative and the probate court, only to be used after your death.

      A Living Will is different from a Health Care Proxy in that the Living Will does not appoint another person to speak for you. It speaks for you in writing. While a Health Care Proxy can include written instructions for your patient advocate to follow, the choices do not have to be included for the Health Care Power of Attorney to be used. 

    If a Living Will also includes your choice as patient advocate, it automatically becomes a Health Care Proxy and must follow the state law requirements for witnesses, required language, etc. 

Health Care Proxy:

    A "health care proxy," sometimes called a "health care surrogate" or "durable medical power of attorney," is the appointment of a person to whom you grant authority to make medical decisions in the event you are unable to express your preferences. Most commonly, this situation occurs either because you are unconscious or because your mental state is such that you do not have the legal capacity to make your own decisions. 

    Normally, a single individual is appointed as your health care proxy, though quite commonly one or more alternate persons are designated in the event your first choice proxy is unavailable. As with the living will, medical professionals will make the initial determination as to whether or not you have the capacity to make your own medical treatment decisions. The health care proxy is a durable power of attorney specifically designed to cover medical treatment. As with living wills, depending on your state of residence, it may be a state-determined form or may be drafted individually by your attorney.

Law offices of Inna Fershteyn and its experienced Wills and Trusts attorneys highly recommend that everyone execute a power of attorney for health care (also known as a living will) and a power of attorney for property to protect him or her in the event they become disabled. You should appoint someone to make decisions for you in the event you become unable to do so.  

For any questions regarding Living Wills and Health Care Proxies, call the Law Office of Inna Fershteyn at (718) 333-2394. 

Additional Trusts and Estate Articles:
    Trusts & Estate Overview  
    Wills v Trusts  
    Probate Law
    Intestacy Laws 

          Types of Trusts: 
    Living Trusts
    Revocable Trusts
    Irrevocable Trusts
    Special Needs Trusts
    Spendthrift Trusts  

          Other Trust and Estate Documents:
    Durable Powers of Attorney 
    Living Wills 
    Health Care Proxy 
    Will and Trust Glossary