Estate planning is about preparing for the future; having foundational documents, like those found in an advance directive, are an important part of the process. At Merlino & Gonzalez, our attorneys have extensive experience working with clients throughout New York and New Jersey to create advance directives and other estate planning documents that will not only protect your assets and your loved ones, but will help you take control of your life.
This project includes seeing to it that your wishes are followed if you become unable to speak for yourself during a serious health crisis or at the end of your life. An advance directive is a powerful tool to achieve this goal by focusing on planning for healthcare decisions that have to be made in critical moments. An advance directive empowers you to make your healthcare preferences known and ensure that those preferences are respected even if you are unable to communicate.
The Distinction Between an Advance Directive and a Living Will
Although the terms “advance directive” and “living will” are often used interchangeably, there is a distinction between them. Advance directive is the broader category of legal instructions that outline your healthcare wishes.
There are several documents that fall under the category of advance directives, one of which is a living will. The living will is created specifically to express your preferences for medical treatment if you are at the end of your life. In it, you document which treatments you want or refuse to have to prolong your life.
Planning Your Future with Advance Directives
Life presents unexpected scenarios, some joyous and some challenging. The latter events may include a severe illness or accident that leaves you unable to communicate your wishes regarding medical treatment. In such situations, you and your family will be glad you took the time to create an advance directive as an essential guide for healthcare providers and those closest to you. Your advance directive will:
Express Your Wishes in Regard to End-of-Life Care
In your living will, you will specify your preferences for end-of-life medical treatments, such as:
- Intubation
- Ventilation
- Feeding tube insertion
- Palliative care
While the first three treatments will prolong your life, palliative care is designed to keep you as comfortable and pain free as possible.
Appoint a Health Care Proxy
Appointing a health care proxy means designating a trusted individual to make healthcare decisions on your behalf if you are unable to do so.
By documenting your preferences in advance, you provide clarity and peace of mind for yourself and your loved ones during difficult times.
Why an Advance Directive Is Important
The primary purposes of an advance directive include:
- Maintaining autonomy so you don’t have to worry about receiving treatments you don’t want or, conversely, being allowed to die when your life might continue.
- Protecting your loved ones from making painful decisions without your approval.
- Causing dissension among those who love you about what you would want.
Advance directives cover a range of scenarios from specific medical interventions to broader decisions about end-of-life care, ensuring your values and beliefs guide your medical treatment.
Documents That May Be Included in Your Advance Directive
In addition to a living will, one or more of the following documents may be used as part of your advance directive to ensure you maintain control of future healthcare concerns:
- HIPAA Authorization to give the individuals you name authority to have access to your medical records.
- Medical Orders for Life-Sustaining Treatment (MOLST) to allow your doctors to record your preferences regarding life-sustaining treatments. Both you and your healthcare provider must sign this document.
- Medical Power of Attorney, like the Health Care Proxy (discussed earlier in this content), allows you to appoint an agent to speak for you if you become mentally or physically incapacitated. It lasts until you die or cancel the power.
Our lawyers will explore which combination of these documents is best in your particular circumstances.
Are Advance Directives Legally Binding in NY and NJ?
Both New York and New Jersey recognize advance directive documents as legally binding. Both require two witnesses of the signing. Healthcare providers are legally required to follow the directives outlined unless overridden by specific circumstances or limitations specified in the document.
What Happens if I Want to Change My Advance Directive?
Life is dynamic, and your healthcare preferences may change over time. Fortunately, you have the right to modify or revoke your advance directive at any time, as long as you are mentally competent to do so. It’s advisable to review your directive periodically and update it to reflect any changes in your health status, personal beliefs, or chosen health care proxy.
Why You Should Share Your Advance Directive with Loved Ones
Open communication with family members and your appointed healthcare proxy is crucial. Discussing your advance directives ensures that your loved ones understand your wishes and are prepared to advocate for you when necessary. This conversation can help alleviate any potential conflicts among your relatives.
Consider the Significance of Palliative Care
Advance directives often include provisions for palliative care, treatment that prioritizes quality of life measures. Palliative care focuses end-of-life care on:
- Managing pain and symptoms
- Providing emotional support
- Enhancing overall well-being
By including palliative care preferences in your advance directive, you ensure the your future healthcare will align with your values and beliefs.
Be Proactive: Contact Our Skilled Advance Directive Attorneys Today
Planning for end-of-life decisions through advance directives is not just a legal formality but a profound expression of deeply held feelings. Our dedicated estate planning attorneys at Merlino & Gonzalez are committed to guiding and supporting you through the process. We will pay close attention to your input so we can tailor your advance directive to meet your precise needs. Contact us now so you can experience the peace of mind that comes from protecting your future by planning for contingencies.